THE REGISTRATION ACT, 1908 
___________ 

ARRANGEMENT OF SECTIONS 
___________ 

PART I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

PART II 
OF THE REGISTRATION-ESTABLISHMENT 

3.  Inspector-General of Registration. 
4.  [Repealed.]. 
5.  Districts and sub-districts. 
6.  Registrars and Sub-Registrars. 
7.  Offices of Registrar and Sub-Registrar. 
8.  Inspectors of Registration offices. 
9.  [Repealed.]. 
10.  Absence of Registrar or vacancy in his office. 
11.  Absence of Registrar on duty in his district. 
12.  Absence of Sub-Registrar or vacancy in his office. 
13.  Report to State Government of appointments under sections 10, 11 and 12. 
14.  Establishments of registering officers. 
15.  Seal of registering officers. 
16.  Register-books and fire-proof boxes. 
16A. Keeping of books in computer floppies, diskettes, etc. 

PART III 
OR REGISTRABEL DOCUMENTS 

17.  Documents of which registration is compulsory. 
18.  Documents of which registration is optional. 
19.  Documents in language not understood by registering officer. 
20.  Documents containing interlineations, blanks, erasures or alterations. 
21.  Description of property and maps or plans. 
22.  Description of houses and land by reference to Government maps or surveys. 

PART IV 
OF THE TIME OF PRESENTATION 

23.  Time for presenting documents. 
23A. Re-registration of certain documents. 
24.  Documents executed by several persons at different times. 
25.  Provision where delay in presentation is unavoidable. 
26.  Documents executed out of India. 
27.  Wills may be presented or deposited at any time. 
PART V 
OF THE PLACE OF REGISTRATION 

28.  Place for registering documents relating to land. 
29.  Place for registering other documents. 

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SECTIONS 

30.  Registration by Registrars in certain cases. 
31.  Registration or acceptance for deposit at private residence. 

PART VI 
OF PRESENTING DOCUMENTS FOR REGISTRATION 

32.  Persons to present documents for registration. 
32A. Compulsory affixing of photograph, etc. 
33.  Power-of-attorney recognisable for purposes of section 32 
34.  Enquiry before registration by registering officer. 
35.  Procedure on admission and denial of execution respectively. 

PART VII 
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES 

36.  Procedure where appearance of executant or witness is desired. 
37.  Officer or Court to issue and cause service of summons. 
38.  Persons exempt from appearance at registration-office. 
39.  Law as to summonses, commissions and witnesses. 
PART VIII 

OF PRESENTING WILLS AND AUTHORITIES TO ADOPT 

40.  Persons entitled to present wills and authorities to adopt. 
41.  Registration of wills and authorities to adopt. 

PART IX 
OF THE DEPOSIT OF WILLS 

42.  Deposit of wills. 
43.  Procedure on deposit of wills. 
44.  Withdrawal of sealed cover deposited under section 42. 
45.   Proceedings on death of depositor. 
46.  Saving of certain enactments and powers of Courts. 

PART X 
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION 

47.  Time from which registered document operates. 
48.  Registered documents relating to property when to take effect against oral agreements. 
49.  Effect of non-registration of documents required to be registered. 
50.  Certain registered documents relating to land to take effect against unregistered documents. 

PART XI 
OF THE DUITES AND POWERS OF REGISTERING OFFICERS 
(A) As to the Register-books and Indexes 

51.  Register-books to be kept in the several offices. 
52.  Duties of registering officers when document presented. 
53.  Entries to be numbered consecutively. 
54.  Current indexes and entries therein. 
55.  Indexes to be made by registering officers, and their contents. 
56.  [Repealed.]. 
57.  Registering officers to allow inspection of certain books and indexes, and to give certified copies 

of entries. 

(B) As to the procedure on admitting to registration 

58.  Particulars to be endorsed on documents admitted to registration. 
59.  Endorsements to be dated and signed by registering officer. 
60.  Certificate of registration 
61.  Endorsements and certificate to be copied and document returned. 
62.  Procedure on presenting document in language unknown to registering officer. 

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SECTIONS 

63.  Power to administer oaths and record of substance of statements. 

(C) Special duties of Sub-Registrar 
64.  Procedure where document relates to land in several sub-districts. 
65.  Procedure where document relates to land in several districts. 
(D) Special duties of Registrar 

66.  Procedure after registration of documents relating to land. 
67.  [Omitted.]. 

(E) Of the Controlling powers of Registrar and Inspector-General 

68.  Power of Registrar to superintend and control Sub-Registrars. 
69.  Power of Inspector-General to superintend registration offices and make rules. 
70.  Power of Inspector-General to remit fines. 

PART XII 
OF REFUSAL TO REGISTER 

71.  Reasons for refusal to register to be recorded. 
72.  Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than 

denial of execution. 

73.  Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution. 
74.  Procedure of Registrar on such application. 
75.  Order by Registrar to register and procedure thereon. 
76.  Order of refusal by Registrar. 
77.  Suit in case of order of refusal by Registrar. 

PART XIII 
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES 

78.  Fees to be fixed by State Government. 
79.  Publication of fees. 
80.  Fees payable on presentation. 

PART XIV 
OF PENALTIES 
81.  Penalty for incorrectly endorsing, copying, translating or registering documents with intent to 

injure. 

82.  Penalty for making false statements, delivering false copies or translations, false personation, and 

abetment. 

83.  Registering officers may commence prosecutions. 
84.  Registering officers to be deemed public servants. 
PART XV 
MISCELLANEOUS 

85.  Destruction of unclaimed documents. 
86.  Registering officer not liable for thing bona fide done or refused in his official capacity. 
87.  Nothing so done invalidated by defect in appointment or procedure. 
88.  Registration of documents executed by Government officers or certain public functionaries. 
89.  Copies of certain orders, certificates and instruments to be sent to registering officers and filed. 
Exemption from Act 

90.  Exemption of certain documents executed by or in favour of Government. 
91.  Inspection and copies of such documents. 
92.  [Repealed.]. 
93.  [Repealed.]. 

THE SCHEDULE.[REPEALED.]. 

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THE REGISTRATION ACT, 1908 
ACT NO. 16 OF 19081 

An Act to consolidate the enactments relating to the Registration of Documents. 

WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; it is 

hereby enacted as follows:— 

[18th December, 1908.] 

PART I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the  2*** Registration Act, 

1908. 

3[(2) It extends to the whole of India 4***: 
Provided that the State Government may exclude any districts or tracts of country from its operation.] 

(3) It shall come into force on the first day of January, 1909. 

STATE AMENDMENT 

Karnataka 

Amendment  of  section  1.-For  sub-section  (3)  of  section  1  of  the  Registration  (Karnataka 
Amendment) Act, 1976 (Karnataka Act 55 of 1976) the following sub-section shall be and shall be 
deemed have been substituted, namely:-- 

“(3) This section and sections 3, 13, 14, 16, 17 and 19 shall come into force at once and the other 
sections shall come into force on such date as the State Government may, by notification, appoint and 
different sections areas.” 

[Vide Karnataka Act 64 of 1976, s. 2] 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

(1) “Addition” means the place of residence, and the profession, trade, rank and title (if any) of a 
person  described,  and  in  the  case  of 5[an  Indian], 6***  his  father's  name,  or  where  he  is  usually 
described as the son of his mother, then his mother's name; 

(2) “Book” includes a portion of a book and also any number of sheets connected together with a 

view of forming a book or portion of a book; 

(3)  “District”  and  “sub-district”  respectively  mean  a  district  and  sub-district  formed  under  this 

Act; 

(4) “District Court” includes the High Court in its ordinary original civil jurisdiction; 

1. It has been amended in its application to West Bengal by Ben. Act 5 of 1942 and West Ben. Acts 29 of 1950 and 31 of 1951; 
to  Maharashtra  by  Bombay  Acts  5  of  1929,  17  of  1930,  18  of  1933,  24  of  1939,  10  of  1939,  10  of  1942  and  6  of  1960, 
Maharashtra Acts 19 of 1960 and 20 of 1971; to the C.P. Act 1 of 1937 and M.P. Act 8 of 1965; to Madras and Andhra by 
Madras Acts 3 of 1935 and 17 of 1952; to Orissa by Orissa Act 3 of 1933; to the Punjab by Punjab Act 8 of 1941 and 19 of 
1961; to Bihar by Bihar Acts 14 of 1947 and 24 of 1952; to Kerala by Kerala Act 7 of 1968; to Himachal Pradesh by H.P. Act 
2 of 1969; to Pondicherry by Pondicherry Act 17 of 1970; to Uttar Pradesh by U.P. Acts 14 of 1971, 48 of 1975 and 57 of 
1976; to Haryana by Haryana Act 36 of 1973; to Maharashtra by Maharashtra Acts 29 of 1974 and 49 of 1975; to Tamil Nadu 
by T.N. Act 31 of 1974; to Orissa by Orissa Act 11 of 1976 and to West Bengal by West Ben. Act 17 of 1978. 
This Act has been extended to— 
Dadra and Nagar Haveli by Reg. 6 of 1963, s.2 and First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and 
Schedule and the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s.3 and Schedule.  
Pondicherry by Act 26 of 1968, s. 3 and Schedule. 

2. The word “Indian” omitted by Act 45 of 1969, s. 2. 
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for sub-section (2). 
4. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule                        

(w.e.f. 31-10-2019). 

5. Subs. by A.O. 1950, for “a Native of India”. 
6. The words and brackets “his cast (if any) and” omitted by Act 17 of 1956, s. 2. 

4 

 
                                                           
(5)  “Endorsement”  and  “endorsed”  include  and  apply  to  an  entry  in  writing  by  a  registering 

officer on a rider or covering slip to any document tendered for registration under this Act; 

(6) “Immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights, 
ferries,  fisheries  or  any  other  benefit  to  arise  out  of  land,  and  things  attached  to  the  earth,  or 
permanently  fastened  to  anything  which  is  attached  to  the  earth,  but  not  standing  timber,  growing 
crops nor grass; 

1[(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;] 

(7)  “Lease”  includes  a  counterpart,  kabuliyat,  and  undertaking  to  cultivate  or  occupy,  and  an 

agreement to lease; 

(8) “Minor” means a person who, according to the personal law to which he is subject, has not 

attained majority; 

(9) “Movable Property” includes standing timber, growing crops and grass, fruit upon and juice 

in trees, and property of every other description, except immovable property; and 

(10) “Representative” includes the guardian of a minor and the committee or other legal curator 

of a lunatic or idiot. 

2* 

* 

* 

* 

* 

Uttarakhand 

STATE AMENDMENT 

Amendment of section 2.—In the Registration Act, 1908 (hereinafter referred to as the Principal Act), 

(a) Clause (2) of section 2 shall be substituted as follows; namely:- 

"(2)  'book'  includes  a  portion  of  a  book  and  also  any  number  of  sheets  connected  together 
with a view to forming a book, or portion of a book and also includes a book in electronic form;" 

(b) after clause (10), the following clauses shall be inserted, namely:- 

"(10-A) 'true copy' includes a true Photostat copy; 

(10-B) the words and expressions used herein and not defined but defined in the Information 

Technology Act, 2000 shall have the meaning respectively assigned to them in that Act." 

[Vide Uttarakhand Act 24 of 2014, s. 2] 

PART II 

OF THE REGISTRATION-ESTABLISHMENT 

3.  Inspector-General  of  Registration.—(1)  The3[State  Government]  shall  appoint  an  officer  to  be 

the Inspector-General of Registration for the territories subject to such Government: 

Provided that the2[State Government] may, instead of making such appointment, direct that all or any 
of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised 
and  performed  by  such  officer  or  officers,  and  within  such  local  limits,  as  the2[State  Government] 
appoints in this behalf. 

(2) Any Inspector-General may hold simultaneously any other office under the 4[Government]. 

1. Ins. by Act 3 of 1951, s. 3 and the Schedule. 
2. Clause (11) omitted by Act 3 of 1951, s. 3 and Schedule. Earlier it was inserted by the A.O. 1950. 
3. Subs. by the A.O. 1950, for “Provincial Government”.  
4. Subs., ibid., for “the Crown”. 

5 

 
 
 
 
 
 
 
 
 
 
                                                           
Uttarakhand 

STATE AMENDMENT 

Amendment  of  section  3.—Sub-section  (3)  of  section  3  of  the  Principal  Act,  shall  be  substituted  as 
follows; namely:-- 

"(3)  The  State  Government  may  appoint  one  or  more  Additional  Inspector  General  of 
Registration,  Deputy  Inspectors  General  of  Registration  and  Assistant  Inspector  General  of 
Registration  for  the  territories  subject  to  such  Government  and  may  prescribe  the  duties  of  such 
officers  and  authorize  them  to  exercise  and  perform  all  or  any  of  the  powers  and  duties  of  the 
Inspector General of Registration." 

[Vide Uttarakhand Act 24 of 2014, s. 3] 

4.  [Branch  Inspector-General  of  Sindh.]—Rep.by  the  Government  of  India  (Adaptation  of  Indian 

Laws) Order, 1937. 

5. Districts and sub-districts.—(1) For the purposes of this Act, the 2[State Government] shall form 

districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts. 

(2)  The  districts  and  sub-districts  formed  under  this  section,  together  with  the  limits  thereof,  and 

every alternation of such limits, shall be notified in the 1[Official Gazette]. 

(3) Every such alternation shall take effect on such day after the date of the notification as is therein 

mentioned. 

6.  Registrars  and  Sub-Registrars.—The 2[State  Government]  may  appoint  such  persons,  whether 
public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars 
of the several sub-districts, formed as aforesaid, respectively. 

2* 

* 

* 

* 

* 

Karnataka 

STATE AMENDMENT 

Amendment  of  section  6.-In  section  6  of  the  Registration  Act,  1908  (Central  Act  16  of  1908)  the 

following provisos inserted, namely:- 

"Provided that the State Government may also appoint one or more Sub-Registrars for the same 

Sub-District: 

Provided  further  that  the  State  Government  may  delegate  to  the  Inspector-General  of 

Registration, the power of appointing Sub-Registrars." 

[Vide Karnataka Act 32 of 2001, s. 2] 

7. Offices of Registrar and Sub-Registrar.—(1) The  2[State Government] shall establish in every 
district an office to be styled the office of the Registrar and in every sub-district an office or offices to be 
styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars. 

(2)  The  2[State  Government]  may  amalgamate  with  any  office  of  a  Registrar,  any  office  of  a            

Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been 
so  amalgamated  to  exercise  and  perform,  in  addition  to  his  own  powers  and  duties,  all  or  any  of  the 
powers and the duties of the Registrar to whom he is subordinate: 

Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order 

passed by himself under this Act. 

8. Inspectors of Registration offices.—(1) The 2[State Government] may also appoint officers to be 

called Inspectors of Registrations offices, and may prescribe the duties of such officers. 

1. Subs. by the A.O. 1937, for “Local Official Gazette”. 
2. The proviso rep. by the A.O. 1937. Earlier it was inserted by Act 4 of 1914, s. 2 and the Schedule. 

6 

 
 
 
 
 
 
 
 
 
 
                                                           
(2) Every such Inspector shall be subordinate to the Inspector-General. 

STATE AMENDMENT 

Orissa 

Amendment  of  section  8.--In  section  8  of  the  Registration  Act,  1908  (16  of  1908)  (hereinafter 

referred to as the principal Act),— 

(a)  in sub-section (1), for the words “ Inspector of Registration Offices” the words “ Additional 
Inspector  –General  of  Registration,  Joint    Inspector-General  of  Registration  and  Deputy  Inspector-
General of Registration” shall be substituted; and 

(b) in sub-section(2), for the words “Inspector”, the words “Additional Inspector-General, Joint 

Inspector-General and Deputy Inspector-General” shall be substituted. 

[Vide Orissa Act 8 of 2002, s. 2] 
Uttarakhand 

Repealed of section 8.—Section 8 of the Principal act shall be repealed. 

[Vide Uttarakhand Act 24 of 2014, s. 4] 

9.  [Military  cantonments  may  be  declared  sub-districts  or  districts.]Rep.by  the  Repealing  and 

Amending Act, 1927 (10 of 1927), s. 3 and Second Schedule.] 

10.  Absence  of  Registrar  or  vacancy  in  his  office.—(1)  When  any  Registrar,  other  than  the 
Registrar  of  a  district  including  a  Presidency-town,  is  absent  otherwise  than  on  duty  in  his  district,  or 
when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, 
in  default  of  such  appointment,  the  Judge  of  the  District  Court  within  the  local  limits  of  whose 
jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the 1[State 
Government] fills up the vacancy. 

(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in 
his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in 
this  behalf  shall  be  the  Registrar  during  such  absence,  or  until  the  1[State  Government]  fills  up  the 
vacancy. 

11. Absence of Registrar on duty in his district.—When any Registrar is absent from his office on 
duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during 
such absence, all the duties of a Registrar except those mentioned in sections 68 and 72. 

12.  Absence  of  Sub-Registrar  or  vacancy  in  his  office.—When  any  Sub-Registrar  is  absent,  or 
when  his  office  is  temporarily  vacant,  any  person  whom  the  Registrar  of  the  district  appoints  in  this 
behalf shall be Sub-Registrar during such absence, or until 2[the vacancy is filled up]. 

Karnataka 

STATE AMENDMENT 

Amendment of section 12.-In section 12, after the word "whom" the words "the Inspector-General of 

Registration or" shall be inserted.] 

[Vide Karnataka Act 32 of 2001, s. 3] 

Uttarakhand 

Amendment of section 12.—Section 12 of the Principal Act, shall be substituted as follows; namely:-- 

“12. When any Sub-Registrar is absent, or when his office is temporarily vacant, any person, whom 
the  Inspector-General  of  Registration  appoints  in  this  behalf,  shall  be  Sub-Registrar  during  such 
absence or until the vacancy is filled up." 

[Vide Maharashtra Act 24 of 2014, s. 5] 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by Act 4 of 1914, s. 2 and the Schedule, for “the Local Government fills up the vacancy”.  

7 

 
                                                           
13.  Report  to  State  Government  of  appointments  under  sections  10,  11  and  12.—(1)1***  All 
appointments  made  under  section  10,  section  11  or  section  12  shall  be  reported  to  the  1[State 
Government] by the Inspector-General. 

(2) Such report shall be either special or general, as the l[State Government] directs. 

2* 

* 

* 

* 

* 

14. Establishments of registering officers.—3*** 

(2) The 1[State Government] may allow proper establishments for the several offices under this Act. 

15. Seal of registering officers.—The several Registrars and Sub-Registrars shall use a seal bearing 
the following inscription in English and in such other language as the 1[State Government] directs:—“The 
seal of the Registrar (or of the Sub-Registrar) of”. 

16. Register-books and fire-proof boxes.—(1) The1[State Government] shall provide for the office 

of every registering officer the books necessary for the purposes of this Act. 

(2)  The  books  so  provided  shall  contain  the  forms  from  time  to  time  prescribed  by  the  Inspector-
General, with the sanction of the 1[State Government], and the pages of such books shall be consecutively 
numbered in print, and the number of pages in each book shall be certified on the title-page by the officer 
by whom such books are issued. 

(3) The1[State Government] shall supply the office of every Registrar with a fire-proof box, and shall 
in each district make suitable provision for the safe custody of the records connected with the registration 
of documents in such district. 

4[16A.  Keeping  of  books  in  computer  floppies,  diskettes,  etc.—(1)  Notwithstanding  anything 
contained  in  section  16,  the  books  provided  under  sub-section  (1)  of  that  section  may  also  be  kept  in 
computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards 
as may be prescribed by the Inspector-General with the sanction of the State Government. 

(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a 
copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand 
and seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of that 
section.] 

PART III 

OF REGISTRABLE DOCUMENTS 

17.  Documents  of  which  registration  is  compulsory.—(1)  The  following documents shall 
be registered, if the property to which  they relate is situate in a district in which, and if they have been 
executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the 
Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, 
namely:— 

(a) instruments of gift of immovable property; 

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit 
or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, 
of the value of one hundred rupees and upwards, to or in immovable property; 

1. The words and figure “All appointments made by the Inspector-General  under section 6 and” rep. by the A.O. 1937.Earlier 

these words and figure were ins. by Act 4 of 1914, s. 2 and the Schedule. 

2. Sub-section (3) rep. by the A.O. 1937. 
3. Sub-section (1) rep., ibid. 
4. Ins. by Act 48 of 2001, s. 2 (w.e.f. 24-9-2001). 

8 

 
 
 
 
 
 
 
 
 
 
                                                           
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration 
on account of the creation, declaration, assignment, limitation or extinction of any such right, title or 
interest; and 

(d) leases of  immovable  property  from  year  to  year,  or  for  any  term  exceeding  one  year,  or 

reserving a yearly rent; 

1[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any 
award  when  such  decree  or  order  or  award  purports  or  operates  to  create,  declare,  assign,  limit  or 
extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of 
the value of one hundred rupees and upwards, to or in immovable property:] 

Provided  that  the 2[State  Government]  may,  by  order  published  in  the 3[Official  Gazette],  exempt 
from  the  operation  of this sub-section  any lease executed  in  any  district,  or  part  of  a district, the  terms 
granted  by  which  do not  exceed five  years  and  the  annual rents  reserved  by  which  do  not  exceed  fifty 
rupees. 

4[(1A) The documents containing contracts to transfer for consideration, any immovable property for 
the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they 
have  been  executed  on  or  after  the  commencement  of  the  Registration  and  Other  Related  laws 
(Amendment)  Act,  2001  (48  of  2001)  and  if  such  documents  are  not  registered  on  or  after  such 
commencement, then, they shall have no effect for the purposes of the said section 53A.] 

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to— 

(i) any composition deed; or 

(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets 

of such Company consist in whole or in part of immovable property; or 

(iii)  any  debenture  issued  by  any  such  Company  and  not  creating,  declaring,  assigning, 
limiting or extinguishing any right, title or interest, to or in immovable property except in so far 
as it entitles the holder to the security afforded by a registered instrument whereby the Company 
has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or 
any interest therein to trustees upon trust for the benefit of the holders of such debentures; or 

(iv) any endorsement upon or transfer of any debenture issued by any such Company; or 

(v) 5[any document other than the documents specified in sub-section (1A)] not itself creating, 
declaring,  assigning,  limiting  or  extinguishing  any  right,  title  or  interest  of  the  value  of  one 
hundred rupees and upwards to or in immovable property, but merely creating a right to obtain 
another document which will, when executed, create, declare, assign, limit or extinguish any such 
right, title or interest; or 

(vi)  any  decree  or  order  of  a  Court 6[except  a  decree  or  order  expressed  to  be  made  on  a 
compromise  and  comprising  immovable  property  other  than  that  which is  the  subject-matter  of 
the suit or proceeding]; or 

(vii) any grant of immovable property by 7[Government]; or 

(viii) any instrument of partition made by a Revenue-Officer; or 

(ix)  any  order  granting  a  loan  or  instrument  of  collateral  security  granted  under  the  Land 
Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act, 1883 (19 of 1883); or 

1. Ins. by Act 21 of 1929, s. 10. 
2. Subs. by the A.O. 1950, for “Provincial Government”. 
3. Subs. by the A.O. 1937, for “Local Official Gazette”. 
4. Ins. by Act 48 of 2001, s. 3 (w.e.f. 24-9-2001). 
5. Subs. by Act 48 of 2001, s. 3, for “any document” (w.e.f. 24-9-2001). 
6. Subs. by Act 21 of 1929, s. 10, for “and any award”. 
7. Subs. by the A.O. 1950, for “Crown”. 

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(x)  any  order  granting  a  loan  under  the  Agriculturists,  Loans  Act,  1884  (12  of  1884),  or 

instrument for securing the repayment of a loan made under that Act; or 

1[(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any 
property  in  a  Treasurer  of  Charitable  Endowments  or  divesting  any  such  Treasurer  of  any 
property; or] 

(xi)  any  endorsement  on  a  mortgage-deed  acknowledging  the  payment  of  the  whole  or  any 
part of the mortgage-money, and any other receipt for payment of money due under a mortgage 
when the receipt does not purport to extinguish the mortgage; or 

(xii) any certificate of sale granted to the purchaser of any property sold by public auction by 

a Civil or Revenue-Officer. 

2[Explanation.—A document purporting or operating to effect a contract for the sale of immovable 
property shall not be deemed to require or ever to have required registration by reason only of the fact that 
such document contains a recital of the payment of any earnest money or of the whole or any part of the 
purchase money.] 

(3)  Authorities  to  adopt a son,  executed  after  the  1st  day  of  January,  1872,  and  not  conferred  by  a 

will, shall also be registered. 

STATE AMENDMENT 

Kerala 

Amendment  of  section  17.  –In  section  17  of  the  Registration  Act,  1908  (Central  Act  16  of  1908) 

(hereinafter referred to as the principal Act),— 

(i) in sub-section (1), after clause (e), the following clauses shall be inserted, namely:— 

“(f) Instruments purporting or operating to effect a contract for the sale of immovable property 

of the value of one hundred rupees and upwards; 

(g) Power of attorney creating any power or right of management, administration, development, 
transfer or any other transaction relating to immovable property of the value of one hundred rupees 
and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, 
daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant."; 

(ii) in sub-section (2), the Explanation shall be omitted. 

[Vide Kerala Act 31 of 2013, s. 2] 

Kerala 

Amendment  of  section  17.--In  sub-section  (2)  of  section  17  of  the  Indian  Registration  Act,  1908 
(Central Act 16 of 1908) (hereinafter referred to as the principal Act), clause (ix) and (x) shall be omitted. 

[Vide kerala Act 7 of 1968, s. 2] 

Orissa 

Amendment of section 17.--In section 17 of the principal Act, in sub-section (1), after clause (e), the 

following clauses shall be inserted before the proviso, namely:— 

“(f) agreement to sell immovable property possession whereof has been or is handed over to the 

purported purchaser; 

(g) power of-attorney relating to transfer of immovable  property possession whereof has been or 

is handed over to the purported attorney holder.” 

1. Ins. by Act 39 of 1948, s. 2. 
2. Ins by Act 2 of 1927, s. 2. 

10 

 
                                                           
[Vide Orissa Act 8 of 2002, s. 3] 

Rajasthan 

Amendment  of  section  17,  Central  Act  XVI  of  1908.—In  sub-section  (2)  of  section  17  of  the 
Registration Act, 1908 (Central Act XVI of 1908), in its application to the State of Rajasthan, hereinafter 
referred to as the principal Act- 

(a) for the full-stop at the end of clause (xii) a comma and the word ",or" shall be substituted;  and 

(b) after clause (xii) as so amended, the following clause shall be added. namely :- 

"(xiii) any instrument referred to in sub-section (5) of section  89." 

[Vide Rajasthan Act 16 of 1976, s. 2] 

Amendment  of  section  17,  Central  Act  16  of  1908.--In  section  17  of  the  Registration  Act,  1908 
(Central  Act  16  of  1908),  in  its  application  to  the  State  of  Rajasthan,  hereinafter  referred  to  as  the 
principal Act,- 

(a) in sub-section (1), after clause (e), and before the proviso, the following clauses shall be 

added, namely:- 

"(f) agreement to sell immovable property possession where of has been or is handed over 

to the purported purchaser; 

(g)  irrevocable  power  of  attorney  relating  to  transfer  of  immovable  property  in  any 

way;";and 

(b) in sub-section (2), the existing Explanation shall be omitted. 

[Vide Rajasthan Act 18 of 1989, s. 2] 

Gujarat 

Amendment of section 17 of XVI of 1908.—In the Registration Act, 1908, in its application to the State 
of Gujarat (hereinafter referred to as “the principal Act”), in section 17,-- 

(i) in sub-section (1),-- 

(a) for clause (f), the following clause shall be substituted, namely:-- 

“(f)  power  of  attorney  intending  to  administer,  manage  and/or  alienate  immovable 
property in any manner, executed on or after the commencement of the Registration (Gujarat 
Amendment) Act, 2016(Guj.16 of 2016);”: 

(b) after clause (j), the following clause shall be added, namely:-- 

 “(k) sale certificate issued by any competent officer or authority under any central Act or 

State Act for the time being in force.”; 

(ii) in sub-section (2), clause (xii) shall be deleted. 

[Vide Gujarat Act 4 of 2020, s. 2] 

18.  Documents  of  which  registration  is  optional.—Any  of  the  following  documents  may  be 

registered under this Act, namely:— 

(a) Instruments (other  than  instruments  of  gift  and  wills)  which  purport  or  operate  to  create, 
declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether 
vested or contingent, of a value less then one hundred rupees, to or in immovable property; 

(b)  instruments  acknowledging  the  receipt  or  payment  of  any  consideration  on  account  of  the 

creation, declaration, assignment, limitation or extinction of any such right, title or interest; 

(c) leases of immovable property for any term not exceeding one year, and leases exempted under 

section 17; 

11 

 
1[(cc)  instruments  transferring  or  assigning  any  decree  or  order  of  a  Court  or  any  award  when 
such  decree  or  order  or  award  purports  or  operates  to  create,  declare,  assign,  limit  or  extinguish, 
whether in present or in future, any right, title or interest, whether vested or contingent, of a value less 
than one hundred rupees, to or in immovable property;] 

(d)  instruments  (other  than  wills)  which  purport  or  operate  to  create,  declare,  assign,  limit  or 

extinguish any right, title or interest to or in movable property; 

(e) wills; and 

(f) all other documents not required by section 17 to be registered. 

STATE AMENDMENT 

Himachal Pradesh 

3.  Insertion  of  new  section  18A.-  In  the  Indian  Registration  Act,  1908  (16  of  1908)  (hereinafter 

referred to as the principal Act), after section 18, the following section shall be inserted, namely; 

“18-A.  Documents  for  registration  to  be  accompanied  by  a  true  copy.-  Notwithstanding 
anything contained in this Act, the registering officer shall refuse to register any document presented 
to him for registration unless such document is accompanied by a true copy thereof.” 

[Vide Himachal Pradesh Act 2 of 1969, s. 3] 

Tripura 

Insertion  of  new  section  18A.—In  the  Registration  Act,  1908  (hereinafter  referred  to  as  the 

principal Act), after section 18, the following section shall be inserted, namely:- 

18A.  Document  for  Registration  to  be  accompanied  by  a  true  copy.—(1)Notwithstanding 
anything contained in the Act, the Registering Officer shall refuse to register any document presented 
to him for registration unless such document is accompanied by a true copy thereof. 

(2)  The  true  copy  referred  to  in  Sub-section  (1)  shall  be  neatly  hand-written  or  printed  or  type-

written or lithographed or otherwise prepared in such manner as may be prescribed. 

[Vide Tripura Act 7 of 1982, s. 2] 

19.  Documents  in  language  not  understood  by  registering  officer.—If  any document duly 
presented for registration be in a language which the registering officer does not understand, and which is 
not commonly used in the district, he shall refuse to register the documents, unless it be accompanied by a 
true translation into a language commonly used in the district and also by a true copy. 

Karnataka 

STATE AMENDMENT 

Insertion of  new  section 19A.—After  section 19  of  the  Registration  Act, 1908  (Central  Act  16  of 

1908) (hereinafter referred to as the principal Act), the following section shall be inserted namely:-- 

“19A. Documents presented for registration to be accompanied by true copies thereof.--(1) 

No document shall be accepted for registration unless it is accompanied by a true copy thereof. 

(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, 

lithographed or otherwise prepared in accordance with such rules may be made in this matter." 

[Vide Karnataka Act 55 of 1976, s. 4] 

Tripura 

Amendment of  Section  19.-In  section 19 of  the  principal  Act, for the words  “a true  translation” 

the words “two copies of the true translation” shall be substituted. 

1. Ins. by Act 33 of 1940, s. 2. 

12 

 
                                                           
[Vide Tripura Act 7 of 1982, s. 3] 

Kerala 

Amendment of section 19.-In section 19 of the principal Act, the words “and also by a true copy” 

shall be omitted. 

[Vide kerala Act 7 of 1968, s. 3] 

Insertion of new section 19A.-After section 19 of the principal Act, the following section  shall be 

inserted, namely:- 

“19A.  Documents  presented for  registration  to  be accompanied  by true copies thereof.-(1) 

No documents shall be accepted for registration unless it is accompanied by a true copy thereof. 

(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, 

lithographed or otherwise, prepared in accordance with such rules as may be made in this behalf.” 

[Vide kerala Act 7 of 1968, s. 4] 
Himachal Pradesh  

Amendment of section 19.- In section 19 of the principal Act, for the words "a true translation", 

the words "two copies of the true translation" shall be substituted. 

[Vide Himachal Pradesh Act 2 of 1969, s. 4] 

Orissa 

Amendment of section 19.— In the Registration Act, 1908 (16 of 1908)  (hereinafter referred to as 

the principal act), in section 19, the words “ and also by a true copy” shall be omitted. 

[Vide Orissa Act 14 of 1989, s. 2] 

Insertion of new section 19-A.—In the principal Act, after section 19, the following section shall be 

inserted, namely:— 

 “19-A.  Documents  Presented  for  registration  on  to  accompany  true  copies  thereof.—(1)  No 

document shall be accepted for registration, unless it is accompanied by a true copy thereof. 

  (2)  The  true  copy  referred  to  in  sub-section  (1)  shall  be  legibly  handwritten,  printed,  type-written, 
lithographed, cyclostyled or otherwise prepared only on one side of the paper and in accordance with such 
rules  as  may  be  made  in  this  behalf  by  the  State  Government  and  shall  contain  a  declaration  in  the 
prescribed manner that the same is true copy of the document and its translation, if any.”. 

[Vide Orissa Act 14 of 1989, s. 3] 

Orissa 

Amendment  of  section  19-A.—In  Sub-section  (2),  for  the  words  "otherwise  prepared",  the  words 

"otherwise legibly prepared" shall be substituted. 

[Vide Orissa Act 8 of 2002, s. 4] 

20.  Documents  containing  interlineations,  blanks,  erasures  or  alterations.—(1)  The  registering 
officer  may  in  his  discretion  refuse to  accept for  registration  any document in which any  interlineation, 
blank, erasure or alteration appears, unless the persons executing the document attest with their signatures 
or initials such interlineation, blank, erasure or alteration. 

(2) If the registering officer registers any such document, he shall, at the time of registering the same, 

make a note in the register of such interlineation, blank, erasure or alteration. 

21.  Description  of  property  and  maps  or  plans.—(1)  No  non-testamentary  document  relating  to 
immovable  property  shall  be  accepted  for  registration  unless  it  contains  a  description  of  such  property 
sufficient to identify the same. 

13 

 
(2) Houses in towns shall be described as situate on the north or other side of the street or road (which 
should  be  specified)  to  which  they  front,  and  by  their  existing  and  former  occupancies,  and  by  their 
numbers if the houses in such street or road are numbered. 

(3)  Other  houses  and  lands  shall  be  described  by  their  name,  if  any,  and  as  being  in  the  territorial 
division  in  which  they  are  situate,  and  by  their  superficial  contents,  the  roads  and  other  properties  on 
which  they  abut,  and  their  existing  occupancies,  and  also,  whenever  it  is  practicable,  by  reference  to a 
Government map or survey. 

(4) No non-testamentary document containing a map or plan of any property comprised therein shall 
be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such 
property is situate in several districts, by such number of true copies of the map or plan as are equal to the 
number of such districts. 

STATE AMENDMENT 

Assam 

Insertion of new Section  21A.- In the principal Act, after the existing section 21, the following new 

section 21A shall be inserted, namely:— 

“21A.  No  registration  of  non-testamentary  instruments  without  no  objection  certificate.—
Notwithstanding  anything  contained  in  any  other  provision  of  this  Act,  no  non-testamentary 
instrument  relating  to  immovable  property  shall  be  accepted  for  registration,  unless  the  Deputy 
Commissioner of the concerned district issues a No Objection Certificate containing the description 
of such immovable property to be transferred and also such other No objection Certificates, which are 
required to be issued by the Deputy Commissioner or any other Authority under any law for the time 
being in force or under any Executive Instruction, Order, etc., issued by the State Government from 
time-to-time: 

Provided  that  all  such  No  Objection  Certificates  shall  be  issued  within  a  period  of  thirty  days 
from the date of the receipt of application and in case No Objection Certificate is not issued within 
the  stipulated  period  of  thirty  days,  a  speaking  order  with  reasons  thereof  shall  be  issued  to  the 
applicant within the said stipulated period.” 

[Vide Assam Act 29 of 2009, s. 2] 
Uttarkhand 

Amendment of section 21.—In placed of sub-section (1) of section 21 of the Principal act, shall be 

substituted as follows; namely:-- 

"(1)  No  non-testamentary document  relating  to  immovable  property  shall  be  accepted  for 

registration unless,- 

(a) it contains a description of such property sufficient to identify the same; and 

(b)  It  is  accompanied  also,  where  the  property  is  agricultural  land,  by  a  map  or  plan,  not 
necessarily  on  scale,  showing  all  properties  with  full  description  in  the  radius  of  two  hundred 
meters of that agricultural land.". 

[Vide Uttarakhand Act 24 of 2014, s. 6] 

22. Description of houses and land by reference to Government maps or surveys.—(1) Where it 
is, in the opinion of the  1[State Government], practicable to describe houses, not being houses in towns, 
and lands by reference to a Government map or survey, the1[State Government] may, by rule made under 
this  Act,  require  that  such  houses  and  lands  as  aforesaid  shall,  for  the  purposes  of  section  21,  be  so 
described. 

(2)  Save  as  otherwise  provided by  any  rule  made  under sub-section  (1), failure  to  comply  with  the 
provisions  of  section  21,  sub-section  (2)  or  sub-section  (3),  shall  not  disentitle  a  document  to 
be registered if the description of the property to which it relates is sufficient to identify that property. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 

14 

 
                                                           
Karnataka 

STATE AMENDMENT 

Insertion of new section 22A.—After section 22 of the principal Act, the following section shall be 

inserted namely:-- 

"22A.  Documents  registration  of  which  is  opposed  to  public  policy.—(1)  The  State 
Government  may,  by  notification,  in  the  official  Gazette,  declare  that  the  registration  of  any 
document or class of documents is opposed to public policy. 

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register 

any document to which a notification issued under sub-section (1) is applicable." 

[Vide Karnataka Act 55 of 1976, s. 5] 

Orissa 

Insertion of new section 22-A. –After section 22 of the principal Act, the following section shall be 

inserted, namely:— 

“22-A. Document of section 17.--(1) The State Government may, by notification, declare that the 

registration of any document or class of documents is opposed to public policy. 

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register 

a document to which a notification issued under sub-section (1) is applicable.” 

[Vide Orissa Act 8 of 2002, s. 5] 
Orissa 
Amendment  of  section  22-A.--  In  the  Registration  Act,  1908  (16  of  1908),  for  section  22-A,  the 
following section shall be substituted, namely:— 

“22-A. Refusal to register certain documents.--(1) The registering officer shall refuse to register,— 

(a) any instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, 

exchange or lease,— 

(i) belonging to the State Government , or the Local Authority; 
(ii) belonging to any religious institution to which the Odisha Hindu Religious  Endowment 

Act, 1951 (Odisha Act 2 of 1952) is applicable. 

(iii) belonging to or recorded in the name of Lord Jagannath, Puri; 
(iv) donated for Bhoodan Yagna and vested in the Odisha Bhoodan Yagna Samiti established 

under section 3 of the Odisha Bhoodan and Gramdan Act, 1970 (Odisha Act 2 of 1971); 

(v) belonging to Wakfs which are under  the supervision of Odisha  Wakf Board established 
under the Wakf Act, 1995 (43 of 1995); unless a sanction in this regard, issued by the competent 
authority  as  provided  under  the  relevant  Act  or  in  absence  of  any  such  authority,  and  authority    so 
authorized by the State  Government  for this purpose, is produced before the registering officer; 
Explanation.—For  the  purpose  of  this  section  Local  Authority  means  any  Municipal  Corporation, 
Municipality,  Notified  Area  Council,  Zilla  Parisad,  Grama  Panchayat,  Urban  Development  Authority  and 
Planning Authority or any Local Self Government constituted under any law for the time being in force. 

(b) The instrument relating to cancellation of sale deeds without the consent of the person claiming under 

the said sale deed; and 

(c) Any instrument relating to transfer of immovable property, the alienation or transfer of which 

is prohibited under any State or the Central Act. 
(2)  Notwithstanding  anything  contained  in  this  Act,  the  registering    officer  shall  not  register  any 
document  presented  to  him  for  registration  unless  the  transferor  produce  the  record  of  rights  for  the 

15 

 
satisfaction of the registering officer that such transferor has right, title and interest over the property so 
transferred. 

Explanation.—For  the  purpose  of  this  sub-section  ‘record-of-rights’  means  the  record  of  rights  as 

defined under the Odisha Survey and Settlement Act, 1958 (Odisha Act 3 of 1959).” 
[Vide Orissa Act 1 of 2014, s. 2] 
Rajasthan 

Insertion of section 22-A in Central Act XVI of 1908.— After section 22 of the principal Act, the 

following section shall be inserted, namely:- 

"22-A. Documents registration of which is opposed to public policy.-(1) The State Government 
may,  by  notification in the  Official  Gazette,  declare that the registration  of  any document  or class of 
documents is opposed to public policy. 

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register a document 

to which a notification issued under sub-section (1) is applicable." 

[Vide Rajasthan Act 16 of 1976, s. 3] 

PART IV 
OF THE TIME OF PRESENTATION 

23.  Time  for  presenting  documents.—Subject  to  the  provisions  contained  in  sections  24,  25  and  26,  no 
document other than a will shall be accepted for registration unless presented for that purpose to the proper officer 
within four months from the date of its execution: 

Provided that a copy a of a decree or order may be  presented  within four  months from  the day on  which the 

decree or order was made, or, where it is appealable, within four months from the day on which it becomes final. 

1[23A.  Re-registration  of  certain  documents.—Notwithstanding  anything  to  the  contrary  contained  in  this 
Act,  if  in  any  case  a  document  requiring  registration  has  been  accepted  for  registration  by  a  Registrar  or  Sub-
Registrar  from  a  person  not  duly  empowered  to  present  the  same,  and  has  been  registered,  any  person  claiming 
under such document may, within four months form his first becoming aware that the registration of such document 
is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for 
re-registration in the office of the Registrar of the district in which the document was originally registered; and upon 
the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered 
to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, 
and  as  if  such  presentation  for  re-registration  was  a  presentation  for  registration  made  within  the  time  allowed 
therefore  under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-
registration;  and  such  document,  if  duly  re-registered  in  accordance  with  the  provisions  of  this  section,  shall  be 
deemed to have been duly registered for all purposes from the date of its original registration: 

Provided that, within three months from the twelfth day of September, 1917, any person claiming under 
a document to which this section applies may present the same or cause the same to be presented for re-
registration in accordance with this section, whatever may have been the time when he first became aware 
that the registration of the document was invalid. 

24. Documents executed by several persons at different times.—Where there are several persons executing a 
document at different times, such document may be presented for registration and re-registration within four months 
from the date of each execution. 

25. Provision where delay in presentation is unavoidable.—(1) If, owing to urgent necessity or unavoidable 
accident, any document executed, or copy of a decree or order made, in  2[India] is not presented for registration till 
after  the  expiration  of  the  time  hereinbefore  prescribed  in  that  behalf,  the  Registrar,  in  cases  where  the  delay  in 
presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount 
of the proper registration-fee, such document shall be accepted for registration. 

(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the 

Registrar to whom he is subordinate. 

Rajasthan 

Amendment of section 25, Central Act 16 of 1908.- In section 25 of the principal Act,— 

STATE AMENDMENT 

1. Ins. by Act 15 of 1917, s. 2. 
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”. 

16 

 
                                                           
(a)  in  sub-section  (1),  for  the  word  "Registrar"  the  words  "Registering  Officer",  for  the  words  "direct 
that",  the  words  "register  the  document"  and  for  the  expression  ",such  document  shall  be  accepted  for 
registration", the words "on such document" shall be substituted; and   

(b) sub-section (2) shall be omitted. 

[Vide Rajasthan Act 18 of 1989, s. 3] 

26. Documents executed out of India.—When a document purporting to have been executed by all or any of 
the parties out of 2[India] is not presented for registration till after the expiration of the time hereinbefore prescribed 
in that behalf, the registering officer, if satisfied— 

(a) that the instrument was so executed, and 
(b) that it has been presented for registration within four months after its arrival in 2[India], 

may, on payment of the proper registration-fee accept such document for registration. 

27. Wills may be presented or deposited at any time.—A  will may at any  time be presented for 

registration or deposited in manner hereinafter provided. 
PART V 
OF THE PLACE OF REGISTRATION 

28.  Place  for  registering  documents  relating  to  land.—Save  as  in  this  Part  otherwise  provided, 
every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) 1[, (d) and (e), section 17, 
sub-section  (2),  insofar  as  such  document  affects immovable  property,]  and  section  18,  clauses  (a), 
(b) 2[(c) and (cc),] shall be presented for registration in the office of a  Sub-Registrar within whose sub-
district the whole or some portion of the property to which such document relates is situate. 

Orissa 

STATE AMENDMENT 

Amendment of section 28.—In section 28 of the principal Act,— 

(i) for the word, brackets and  letter “ and (e)” , the commas, brackets, letters and word, “(e), (f) 

and (g)” shall be substituted; and  

(ii) the words “ or some portion” shall be omitted. 

[Vide Orissa Act 8 of 2002, s. 6] 

Rajasthan 

Amendment  of  section  30,  Central  Act  16  of  1908.-In  section  30  of  the  principal  Act,  the 

brackets and figure "(l)" and sub-section (2) shall be omitted. 

[Vide Rajasthan Act 18 of 1989, s. 4] 

29. Place for registering other documents.—(1) Every document 3[not being a document referred to 
in section 28 or a copy of a decree or order], may be presented for registration either in the office of the 
Sub-Registrar  in  whose  sub-district  the  document  was  executed,  or  in  the  office  of  any  other  Sub-
Registrar  under  the  4[State  Government]  at  which  all  the  persons  executing  and  claiming  under  the 
document desire the same to be registered. 

(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in 
whose sub-district the original decree or order was made, or, where the decree or order does not affect 
immovable property, in the office of any other Sub-Registrar under the 5[State Government] at which all 
the persons claiming under the decree or order desire the copy to be registered. 

30. Registration by Registrars in certain cases.—(1) Any  Registrar may in his discretion receive 

and register any document which might be registered by any Sub-Registrar subordinate to him. 

5* 

* 

* 

* 

* 

1. Subs. by Act 33 of 1940, s. 3, for “and (d)”. 
2. Subs. by Act 33 of 1940, s. 3, for “and (c)”. 
3. Subs. by Act 32 of 1940, s. 3 and the first Schedule, for certain words. 
4. Subs. by the A.O. 1950, for “Provincial Government”. 
5. Sub-section (2) omitted by Act 48 of 2001, s. 4 (w.e.f. 24-9-2001). 

17 

 
 
 
 
 
 
 
 
 
 
 
                                                           
STATE AMENDMENT 

Karnataka  

Amendment of section 30.--In Section 30 of the Registration Act, 1908 (Central Amendment 16 of 
1908) (hereinafter referred to as the principal Act), the brackets and figure "(1)" and 'sub-section (2)' shall 
be omitted.] 
[Vide Karnataka Act 24 of 1989, s. 2] 

Orissa 

Amendment of section 30.—In the Registration Act, 1908 (16 of 1908) (hereinafter referred to as the 

principal Act), in section 30, sub-section (2) shall be omitted. 
[Vide Orissa Act 19 of 1991, s. 2] 

31. Registration or acceptance for deposit at private residence.—In ordinary cases the registration or deposit 
of  documents  under  this  Act  shall  be  made  only  at  the  office  of  the  officer  authorised  to  accept  the  same  for 
registration or deposit: 

Provided that such officer may on special cause being shown attend at the residence of any person desiring to 
present a document for registration or to deposit a will, and accept for registration or deposit such document or will. 

PART VI 
OF PRESENTING DOCUMENTS FOR REGISTRATION 
32. Persons to present documents for registration.—Except in the cases mentioned in 1[sections 31, 88 and 
89], every document to be registered under this  Act,  whether such registration be  compulsory or optional, shall be 
presented at the proper registration-office,— 

(a) by some person executing or claiming  under the same, or, in the case of a copy of a decree or order, 

claiming under the decree or order, or 

(b) by the representative or assign of such person, or 
(c)  by  the  agent  of  such  person,  representative  or  assign,  duly  authorised  by power-of-attorney executed 

and authenticated in manner hereinafter mentioned. 

STATE AMENDMENT 

Gujarat 

Amendment  of  section  32  of  XVI  of  1908.—In  the  principal  Act,  in  section  32,  the  following  Explanation 

shall be added at the end, namely:-- 

“Explanation.—For the purpose of this section the term “document” shall include the document presented 

by an electronic means.” 
[Vide Gujarat Act 4 of 2020, s. 3] 

2[32A.  Compulsory  affixing of  photograph,  etc.—Every  person  presenting  any  document  at  the  proper 

registration office under section 32 shall affix his passport size photograph and fingerprints to the document: 

Provided  that  where  such  document  relates  to  the  transfer  of  ownership  of  immovable  property,  the  passport 
size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be 
affixed to the document.] 

Uttarakhand 

Amendment of section 32-A.—In section 32-A of the Principal act,-- 

(1) in sub-section (1)- 

STATE AMENDMENT 

(i) the words, "in such areas as may be notified by the State Government," shall be omitted; 
(ii) the word photostat" wherever occurring including heading, shall be omitted; 

(2) in sub-section (2)- 

(i) for the words "photostat copy" the words "true copy" shall be substituted; 
(ii) for clauses (b) and (c), the following clause shall be inserted, namely:- 
"(b) be compared and verified by such official as may be directed by the Registering Officer." 

(3) Sub-section (3) shall be omitted. 

[Vide Uttarakhand Act 24 of 2014, s.7] 

Repealed at section 32-B.—Section 32-B of the Principal Act shall be repealed. 

[Vide Uttarkhand Act 24 of 2014, s. 8] 

1. Subs. by Act 39 of 1948, s. 3, for “section 31 and section 89”. 
2. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001). 

18 

 
                                                           
33.  Power-of-attorney  recognisable  for  purposes  of  section  32.—(1)  For  the  purposes  of  section  32,  the 

following powers-of-attorney shall alone be recognized, namely:— 

(a) if the principal at the time of executing the power-of-attorney resides in any part of 1[India] in  which 
this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or 
Sub-Registrar within whose district or sub-district the principal resides; 

(b) if the principal at the time aforesaid 2[resides in any part of India in which this Act is not in force], a 

power-of-attorney executed before and authenticated by any Magistrate; 

(c) if the principal at the time aforesaid does not reside in 3[India], a power-of-attorney executed before and 
authenticated  by  a  Notary  Public,  or  any  Court,  Judge,  Magistrate, 4[Indian]  Consul  or  Vice-Consul,  or 
representative 5*** of the Central Government: 
Provided that the following persons shall not be required to attend at any registration-office or Court 
for  the  purpose  of  executing  any  such  power-of-attorney  as  is  mentioned  in  clauses  (a)  and  (b)  of  this 
section, namely:— 

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so 

to attend; 

(ii) persons who are in jail under civil or criminal process; and 
(iii) persons exempt by law from personal appearance in Court. 

6[Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the 

General Clauses Act, 1897 (10 of 1897).] 

(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, 
if  satisfied  that the power-of-attorney  has  been  voluntarily  executed  by  the  person  purporting  to  be  the 
principal, may attest the same without requiring his personal attendance at the office or Court aforesaid. 

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or 
Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in 
which he is confined, and examine him, or issue a commission for his examination. 

(4) Any power-of-attorney mentioned in this section may be proved by the production of it without 
further  proof  when  it  purports  on  the  face  of  it  to  have  been  executed  before  and  authenticated  by  the 
person or Court hereinbefore mentioned in that behalf. 

34. Enquiry before registration by registering officer.—(1) Subject to the provisions contained in 
this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, 
unless  the  persons  executing  such  document,  or  their  representatives,  assigns  or  agents  authorised  as 
aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 
24, 25 and 26: 

Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, 
the  Registrar,  in  cases  where  the  delay  in  appearing  does  not  exceed  four  months,  may  direct  that  on 
payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, 
if any, payable under section 25, the document may be registered. 

(2) Appearances under sub-section (1) may be simultaneous or at different times. 

(3) The registering officer shall thereupon— 

(a) enquire whether or not such document was executed by the persons by whom it purports to 

have been executed; 

(b) satisfy himself as to the  identity of the persons appearing before him and alleging that they 

have executed the document; and 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”. 
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “resides in any other part of the States”. 
3. Subs. by s. 3, ibid., and the Schedule, for “the State”. 
4. Subs. by the A.O. 1950, for “British”. 
5. The words “of His Majesty or” omitted, ibid. 
6. Ins. by Act 3 of 1951, s. 3 and the Schedule. 

19 

 
                                                           
(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the 

right of such person so to appear. 

(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-

Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. 

(5) Nothing in this section applies to copies of decrees or orders. 

STATE AMENEDMENT 

Gujarat 

Amendment of section 34 of XVI of 1908.—In the principal Act, in section 34,-- 

(i) after sub-section (1), the following sub-section shall be inserted, namely:-- 

“(1A)  The  registering  officer  may  refuse  to  accept  the  non-testamentary  documents  relating  to 
immovable property mentioned in sub-section (1) of section 17, if they are not accompanied by the— 

(a) proofs of identify of executing and claiming parties and witnesses; 

(b)  proofs  of  authorization  when  the  executant  or  claimant  thereunder  is  representative  or 

agent authorized by the person or entity whose document is so be registered; 

(c) sign or thumb impression/finger print (if the person is unable to sign) of one person from  
both  executing  and  claiming  parties,  affixed  on  each  and  every  page  of  the  deeds  submitted  for 
registration; 

(d)  proof that the principal is alive, in cases where the document is  executed  by  the  power  of  attorney 

holder on behalf of the principal.”; 

(ii) the following Explanation shall be added at the end, namely:- 

“Explanation.---For  the  purpose  of  this  section  the  term  “document”  shall  include  the  document 

presented by an electronic means.”. 

[Vide Gujarat Act 4 of 2020, s. 4] 

35.  Procedure  on  admission  and  denial  of  execution  respectively.—(1)  (a)  If  all  the  persons 
executing the document appear personally before the registering officer and are personally known to him, 
or  if  he  be  otherwise  satisfied  that  they  are  the  person  they  represent  themselves  to  be,  and  if  they  all 
admit the execution of the document, or 

(b) if in the case of any person appearing by a representative, assign or agent, such representative, 

assign or agent admits the execution, or 

(c) if the person executing the document is dead, and his representative or assign appears before 

the registering officer and admits the execution, 

the registering officer shall register the document as directed in sections 58 to 61 inclusive. 

(2) The registering officer may, in order to satisfy himself that the persons appearing before him are 
the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine 
any one present in his office. 

(3) (a) If any person by whom the document purports to be executed denies its execution, or 

(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or 

(c) if any person by whom the document purports to be executed is dead, and his representative or 

assign denies its execution, 

the registering officer shall refuse to register the document as to the person so denying, appearing 

or dead: 

Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII: 

20 

 
1[Provided further that the2[State Government] may, by notification in the3[Official Gazette], declare 
that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is 
denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.] 

STATE AMENEDMENT 

Gujarat 
Amendment of section 35 of XVI of 1908.—(l)  In the principal Act, in section 35,the following Explanation 
shall be added at the end, namely:- 

“Explanation.-  For  the  purpose  of  this  section  the  term  “document”  shall  include  the document 

presented by an electronic means.”. 

[Vide Gujarat Act 4 of 2020, s. 5] 

PART VII 
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES 

36.  Procedure  where  appearance  of  executant  or  witness  is  desired.—If  any  person  presenting 
any document for registration or claiming under any document, which is capable of being so  presented, 
desires the appearance of any person whose presence or testimony is necessary for the registration of such 
document,  the  registering  officer  may,  in  his  discretion,  call  upon  such  Officer  or  Court  as  the  2[State 
Government] directs in this behalf to issue a summons requiring him to appear at the registration office, 
either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named 
therein. 

37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt of 
the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon 
the person whose appearance is so required. 

38. Persons exempt from appearance at registration-office.—(1) (a) A person who  by reason of 

bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or 

(b) a person in jail under civil or criminal process, or 

(c)  person  exempt  by  law  from  personal  appearance  in  Court,  and  who  would  but  for  the 
provisions next hereinafter contained be required to appear in person at the registration-office, shall 
not be required so to appear. 

(2) In the case of every such person the registering officer shall either himself go to the house of such 
person, or to the jail in which he is confined, and examine him or issue a commission for his examination. 

39. Law as to summonses, commissions and witnesses.—The law in force for the time being as to 
summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits 
before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission 
issued and any person summoned to appear under the provisions of this Act. 

PART VIII 
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT 
40. Persons entitled to present wills and authorities to adopt.—(1) The testator, or after his death 
any  person  claiming  as  executor  or  otherwise  under  a  will,  may  present  it  to  any  Registrar  or  Sub-
Registrar for registration. 

(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present 

it to any Registrar or Sub-Registrar for registration. 

41. Registration of wills and authorities to adopt.—(1) A will or an authority to adopt, presented 

for registration by the testator or donor, may be registered in the same manner as any other document. 

1. Ins. by Act 13 of 1926, s. 2. 
2. Subs. by the A.O. 1950, for “Provincial Government”. 
3. Subs. by the A.O. 1939, for “Local Official Gazette”. 

21 

 
                                                           
(2)  A  will  or  authority  to adopt  presented  for  registration  by  any  other  person entitled to  present  it 

shall be registered if the registering officer is satisfied— 

(a) that the will or authority was executed by the testator or donor, as the case may be; 

(b) that the testator or donor is dead; and 

(c)  that  the  person  presenting  the  will  or  authority  is,  under  section  40,  entitled  to  present  the 

same. 

PART IX  

OF THE DEPOSIT OF WILLS 

42. Deposit of wills.—Any testator may, either personally or by duly authorised agent, deposit with 
any Registrar his will in a sealed cover supercribed with the name of the testator and that of his agent (if 
any) and with a statement of the nature of the document. 

43. Procedure on deposit of wills.—(1) On receiving such cover, the Registrar, if satisfied that the 
person  presenting  the  same  for  deposit  is the  testator  or his  agent,  shall transcribe  in  his  Register-book 
No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, 
day  and  hour  of  such  presentation  and  receipt,  and  the  names  of  any  persons  who  may  testify  to  the 
identity of the testator or his agent, and any legible inscription which may be on the seal of the cover. 

(2) The Registrar shall then place and retain the sealed cover in his fire-proof box. 

44.  Withdrawal  of  sealed  cover  deposited  under  section  42.—If  the  testator  who  has  deposited 
such  cover  wishes  to  withdraw  it,  he  may  apply,  either  personally  or  by  duly  authorised  agent,  to  the 
Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator 
or his agent, shall deliver the cover accordingly. 

45. Proceedings on death of depositor.—(1) If, on the death of a testator who has deposited a sealed 
cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and 
if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, 
and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3. 

(2) When such copy has been made, the Registrar shall re-deposit the original will. 

Karnataka 

STATE AMENDMENT 

Amendment of section 45.—in section 45 of the principal Act,-- 

(a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied 
into his Book No. 3",  the words, letters and figure "cause a true copy of the contents thereof to be 
made and filled in his Book No. 3" shall be substituted; 

(b) in sub-section (2) for the words "copy has been made", the words "true copy has been filed" 

shall be substituted. 

[Vide Karnataka Act 55 of 1976, s. 6] 

Tripura 

Amendment of Section 45.—In  section  45  of the  principal  Act,— 

(a)  In  sub-section  (1), for  the words and figure  “cause the  contents  thereof to be copied  into his 
Book No. 3”, the words and figure “cause a true copy of the contents thereof to be made and 
pasted in his Book No. 3” shall be substituted; and 

(b)  In sub-section (2), for the words “copy has been made”, the words “true copy has been pasted” 

shall be substituted. 

[Vide Tripura Act 7 of 1982, s. 4] 

22 

 
 
 
Kerala 

Amendment of section 45.-In section 45 of the principal Act, -- 

(a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied 
into his Book No. 3, the words, letters and figures “cause a true copy of the contents thereof to be 
made and filed in his Book No. 3” shall be substituted. 

(b) in sub-section (2), for the words “copy has been made”, the words “true copy has been filed” 

shall be substituted. 

[Vide kerala Act 7 of 1968, s. 5] 

Orissa 

Amendment of section 45.—In the principal Act, in section 45,— 

(a) in sub-section (1), for the words letters and figure “cause the contents thereof to be copied into 
his Book No. 3”, the words, letters and figure “cause a true copy of the contents there of to be made 
and filed in his Book No.3” shall be substituted; and 

(b) in sub-section (2), for the words, “copy has been made”, the words “true copy has been filed” 

shall be substituted. 

[Vide Orissa Act 14 of 1989, s. 4] 

46. Saving of certain enactments and powers of Courts.—(1) Nothing hereinbefore contained shall 
affect the provisions of section 259 of the Indian Succession Act, 1865 (10 of 1865), or of section 81 of 
the Probate and Administration Act, 1881 (5 of 1881), or the power of any Court by order to compel the 
production of any will. 

(2) When any such order is made, the Registrar shall, unless the will has been already copied under 
section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such 
copy that the original has been removed into Court in pursuance of the order aforesaid. 

Karnataka 

STATE AMENDMENT 

Amendment of section 46.—In sub-section (2) of section 46 of the principal Act-- 

(a) for the words "unless the will has been already copied", the words "unless a true copy of the 

will has already been filled" shall be substituted; 

(b) for the words, letters and figure "cause the will to be copied into his Book No.3", the words, 
letters  and  figure  "cause  a  true  copy  of  the  will  to  be  made  and  filed  in  his  Book  No.  3"  shall  be 
substituted. 

[Vide Karnataka Act 55 of 1976, s. 7] 

Tripura 

Amendment of Section 46.—In section (2) of section 46 of the principal Act,-- 

(a)  For the words “unless the will has been already copied”, the words “unless a true copy of the 

will has been already pasted” shall be substituted; and 

(b)  For  the  words  and  figure  “cause  the  will  to  be  copied  into  his  book  No.3”,  the  words  and 
figure “cause  a  true  copy  of  the  will  to  be  made  and  pasted  in  his  Book  No.  3”  shall  be 
substituted. 

[Vide Tripura Act 7 of 1982, s. 5] 

Kerala 

Amendment of section 46.-In sub-section (2) of section 46 of the principal Act,-- 

23 

 
(a) for the words “unless the will has been already copied”, the words “unless a true copy of the 

will has already been filed” shall be substituted. 

(b) for the words, letters and figure “cause the will to be copied into his Book No. 3”, the words, 
letters  and  figure  “cause  a  true  copy  of  the  will  to  be  made  and  filed  in  his  Book  No.  3”  shall  be 
substituted. 

[Vide kerala Act 7 of 1968, s. 6] 

Orissa 

Amendment of section 46.— In the principal Act, in sub-section (2) of section 46,— 

(a) for the words “unless the will has been already copied”, the words “ unless a true copy of the 

will has already been filed” shall be substituted; and 

(b) for the words, letters and figure “cause the will to be copied in his Book No.3”, the  words, 
letters  and  figure  “cause  a  true  copy  of  the  will  to  be  made  and  filed  in  his  Book  No.3”  shall    be 
substituted. 

[Vide Orissa Act 14 of 1989, s. 5] 

PART X 
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION 
47.  Time from which  registered  document  operates.—A  registered  document  shall  operate  from 
the time from which it would have commenced to operate if no registration thereof had been required or 
made, and not from the time of its registration. 

48. Registered documents relating to property when to take effect against oral agreements.—All 
non-testamentary  documents  duly  registered  under 
to  any  property, 
whether movable or immovable,  shall  take  effect  against  any  oral  agreement  or  declaration  relating  to 
such property, unless where the agreement or declaration has been accompanied or followed by delivery 
of possession 1[and the same constitutes a valid transfer under any law for the time being in force: 

this  Act,  and  relating 

Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of Property Act, 1882 
(4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the 
same property.] 

49. Effect of non-registration of documents required to be registered.—No document required by section 17 

1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— 

(a) affect any immovable property comprised therein, or 
(b) confer any power to adopt, or 
(c) be received as evidence of any transaction affecting such property or conferring such power, 

unless it has been registered: 

1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer 
of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific 
performance under Chapter II of the Specific  Relief  Act, 1877 (1 of 1877)2,  3*** or as evidence of any collateral 
transaction not required to be effected by registered instrument.] 

 50.  Certain  registered  documents  relating  to  land  to  take  effect  against  unregistered 
documents.—(1) Every document of the kinds mentioned in clauses (a), (b), (c)  and (d) of section 17, 
sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the 
property comprised therein, against every unregistered document relating to the same property, and not 
being  a  decree  or  order,  whether  such  unregistered  document  be  of  the  same  nature  as  the  registered 
document or not. 

1. Ins. by Act 21 of 1929, s. 10. 
2. See now the Specific Relief Act, 1963 (47 of 1963). 
3. The words, figures and letter “or as evidence of part performance of a contract for the purposes of section 53A of the Transfer 

of Property Act, 1882 (4 of 1882)” omitted by Act 48 of 2001, s. 6 (w.e.f. 24-9-2001). 

24 

 
                                                           
(2)  Nothing  in  sub-section  (1)  applies  to  leases  exempted  under  the  proviso  to  sub-section  (1)  of 
section  17  or  to  any  document  mentioned  in  sub-section  (2)  of  the  same  section,  or  to  any  registered 
document which had not priority under the law in force at the commencement of this Act. 

Explanation.—In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), 
was  in  force  in  the  place  and  at  the  time  in  and  at  which  such  unregistered  document  was  executed, 
“unregistered” means not registered according to such Act, and, where the document is executed after the 
first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1871), or the Indian 
Registration Act, 1877 (3 of 1877), or this Act. 

PART XI 

OF THE DUITES AND POWERS OF REGISTERING OFFICERS 
(A) As to the Register-books and Indexes 

51. Register-books to be kept in the several offices.—(1) The following books shall be kept in the 

several offices hereinafter named, namely:— 

A—In all registration offices— 

Book 1, “Register of non-testamentary documents relating to immovable property”; 

Book 2, “Record of reasons for refusal to register”; 

Book 3, “Register of wills and authorities to adopt”; and 

Book 4, “Miscellaneous Register”. 

B—In the offices of Registrars— 

Book 5, “Register of deposits of wills”; 

(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 

and 89 which relate to immovable property, and are not wills. 

(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which 

do not relate to immovable property. 

(4) Nothing in this section shall be deemed to require more than one set of books where the office of 

the Registrar has been amalgamated with the office of a Sub-Registrar. 

Karnataka 

STATE AMENDMENT 

Amendment of section 51.--In Section 51 of the principal Act, for clause (c) of sub-section (1), 

the following clause shall be substituted, namely:-- 

(a) for sub-section (2), the following sub-section shall be substituted, namely:- 

"(2) In Book No.1 shall be filed,- 

(i) true copies of all documents; and 

(ii) all memoranda registered under sections 17, 18 and 89 which relate to immovable 

property, and are not wills."; 

(b) in sub-section (3), for the words "entered all documents", the words "filed true copies of all 

documents" shall be substituted; 

(c) after sub-section (4), the following sub-section shall be inserted, namely:- 

"(5) If, in the opinion of the Registrar, any of the books mentioned in sub-section (1) is in danger 
of being destroyed, or becoming illegible wholly or partially, the Registrar may, by a written order, 
direct  such  book  or  such  portion  thereof  as  he  thinks  fit,  to  be  recopied  and  authenticated  in  such 

25 

 
manner as may be prescribed under section 69, and the copy prepared and authenticated under such 
direction  shall  for  the  purposes  of  this  Act,  be  deemed  to  have  taken  the  place  of  and  to  be  the 
original book or portion and all references in this Act, to the original book or portion shall be deemed 
to be references to the book or portion so prepared and authenticated." 

[Vide Karnataka Act 55 of 1976, s. 8] 
Tripura 
Amendment of Section 51.-In section 51 of the principal Act,- 

(a) for sub-section (2), the following sub-section shall be substituted, namely:- 

(2) In Book I shall be 

(i) pasted true copied of all documents and 

(ii)  filed  all  memoranda  registered  under  Section  17, 18  and 89  which relate to immovable 

property, and are not wills and 

(b) in sub-section (3), for the word “entered”, the words “pasted true copies of” shall be substituted. 

[Vide Tripura Act 7 of 1982, s. 6] 

Kerala 

Amendment of section 51.-In section 51 of th3 principal Act,- 

(a) for sub-section (2) the following sub-section shall be substituted, namely:- 

“(2) In Book I shall be filed--- 

(i) true copies of all documents; and  

(ii) all memoranda, 

Registered under sections 17, 18 and 89 which related to immovable property, and are not wills.” 

(b) in sub-section (3), for the words “entered all documents”, the  words “filed true copies of all 

documents” shall be substituted.” 

[Vide kerala Act 7 of 1968, s. 7] 
Orissa 
Amendment of section 51.—In the Principal Act, in section 51,— 

      (a) for sub-section (2), the following sub-section shall be substituted , namely:— 

“(2) In Book I shall be filed,— 

(i)  true copies of all documents; and  
(ii)  all  memoranda  registered  under  sections  17,  18  and  89  which  relate  to  immovable  

property and are not wills.”; 
(b)  in  sub-section  (3),  for  the  “entered  all  documents”,  the  words  “filed  true  copies  of  all 

documents”, shall be substituted; 

(c) after sub-section (4), the following sub-section shall be inserted, namely:— 

 “(5)  If  in  the  opinion  of  the  Register  any  of  the  books  mentioned  in  sub-section  (1)  is  in 
danger of being destroyed or becoming illegible wholly or partly, the registrar may, by written be  
recopied and authenticated in such manner as may be prescribed under section 69 and the copy so 
prepared  and  authenticated  under    such  direction  shall,  for  the  purpose  of  this  Act  and  of  the 
Evidence  Act,  1872  be  deemed  to  have    taken  the  place  of,  and    to  be,  the  original  book  or 
portion, as the case may be, and all references in this Act to the original book or portion shall be 
deemed  to be reference to the book or portion so prepared and authenticated. 

26 

 
 
(6) Notwithstanding anything contained in this Act, copies of any of the books mentioned in 
sub-section  (1)  or  any  portion  of  such  books    prepared  and  authenticated  before  the 
commencement of the Registration ( Orissa Amendment) Act, 1989 in  pursuance of an order of 
the Registrar or the Inspector-General of Registration, shall, for  the purposes of this Act, and of 
the  Evidence  Act,  1872  be  deemed  to  have  taken  the  place  of,  and  to  be,  the  original  book  or 
portion, as the case may be, and all references in this Act to the original book or portion shall be 
deemed to be references to the book or portion so prepared and authenticated”. 

[Vide Orissa Act 14 of 1989, s. 6] 
Uttarakhand 

Amendment of section 51.— In placed of sub-sections (2), (3) and (5) of section 51 of the Principal 

Act, the following sub-section shall be substituted as follows; namely:- 

"(2) In Book 1, shall be filed true copies of all documents or memoranda registered under sections 

17, 18 and 89 which relate to immovable property, and are not wills; 

Provided that where Book is in electronic form, all documents, other than wills, registered under 
aforesaid sections or true copies thereof, as the case may be, or memoranda shall be scanned in it and 
a printout, thereof shall be kept permanently in Book 1, 

(3) In Book 4, shall be filed true copies of all documents registered under clauses (d) and (f) of 

section 18 which do not relate to immovable property; 

Provided  that  where  Book  is in  electronic  form,  all  documents  registered  under  the  aforesaid 
clauses or their true copies, as the case may be, shall be scanned in it and a printout thereof shall be 
kept permanently in Book 4. 

(5) Where due to fire, tempest, flood, excessive rainfall, violence of any army or mob, or other 
irresistible  force  and  for  any  other  reason  or  all  of  the  books  specified  in  sub-section  (1)  are 
destroyed, or become illegible either wholly or partially, and the State Government is of the opinion 
that it is necessary, or expedient so to do it may, by order, direct such book or such portion thereof, as 
it thinks fit, to be re-copied, authenticated, or reconstructed in such manner as may be prescribed, and 
the  copy  so  prepared,  authenticated  or  reconstructed,  shall  for  the  purposes  of  this  Act,  and  of  the 
Indian  Evidence  Act,  1872,  be  deemed  to  have  taken  the  place  of,  and  to  be  the  original  book  or 
portion.” 

[Vide Uttarakhand Act 24 of 2014, s. 9] 

52. Duties of registering officers when document presented.—(1) (a) The day, hour and place of 
presentation, 1[the photographs and finger prints affixed under section 32A], and the signature of every 
person  presenting  a  document  for  registration, shall be  endorsed  on  every  such document at the  time  of 
presenting it; 

(b) a receipt for such document shall be given by the registering officer to the person presenting 

the same; and 

(c) subject to the provisions contained in section 62, every document admitted to registration shall 
without unnecessary delay be copied in the book appropriated therefore according to the order of its 
admission. 

(2) All such books shall be authenticated at such intervals and in such manner as is from time to time 

prescribed by the Inspector-General. 

STATE AMENDMENT 

Karnataka 

Amendment of section 52.—In section 52 of the principal Act, for clause (c) of sub-section (1), 

the following clause shall be substituted, namely:- 

1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001). 

27 

 
                                                           
"(c)  subject  to  the  provisions  contained  in  section  62  where  a  document  is  admitted  to 
registration,  a  true  copy  thereof  shall,  without  unnecessary  delay,  be  filed  in  the  appropriate  book 
according to the order of its admission". 

[Vide Karnataka Act 55 of 1976, s. 9] 

Tripura 

Amendment of Section 52-In section 52 of the principal Act, for clause (c) of sub-section (1), the 

following clause shall be substituted namely:— 

“(c) subject to the provisions contained in section 62 the true copy, referred to in section 18A of 
every document  admitted  to  registration  shall,  without  unnecessary  delay,  be  pasted  in  the  book 
appropriated therefore according to the order of its admission.” 

[Vide Tripura Act 7 of 1982, s.7] 

Kerala 

Amendment of section  52.-In section 52 of the principal Act, for clause (c) of sub-section (1), the 

following clause shall be substituted. 

“(c)  subject  to  the  provisions  contained  in  section  62,  where  a  document  is  admitted  to 
registration,  a  true  copy  thereof  shall,  without  unnecessary  delay,  be  filed  in  the  appropriate  book 
according to the order of its admission.” 
[Vide kerala Act 7 of 1968, s. 8] 

Himachal Pradesh 

Amendment of section 52.- In section 52 of the principal Act, for clause (c) of sub-section (1), 

the following clause shall be substituted, namely:- 

“(c)  subject  to  the  provisions  contained  in  section  62,  a  copy  of  every  document  admitted  to 
registration shall, without unnecessary delay be pasted in the book appropriated therefore according 
to the order of admission of the document.” 
[Vide Himachal Pradesh Act 2 of 1969, s. 5] 

Orissa 

Amendment of section 52.— In the principal Act, in section 52, for clause (c) of sub-section (1), the 

following clause shall be substituted, namely:— 

“(c)  subject  to  the  provisions  contained  in  section  62,  where  a  document  is  admitted  to 
registration,  a  true  copy  thereof  shall,  without  unnecessary    delay,  be  filed  in  the  appropriate  book 
according to its order of admission.”. 

[Vide Orissa Act 14 of 1989, s. 7] 

Uttarakhand 

Amendment of section 52.—In sub-section (1)  of section 52 of the principal Act,-- 

(1) in sub-section (1) - 

(i) in clause (a), for the words, "every such documents at the time of presenting it", the words, 
"every  such  documents  and  true  copy  thereof  at  the  time  of  presenting  it;  and"  shall  be 
substituted; 

(ii) for clauses (b) and (c), the following clause shall be substituted, namely:- 

"(b)  a receipt for  such  document  shall  be  given  by  the  registering  officer  to  the  person 

presenting the same." 

(2) sub-section (2) shall be omitted. 

[Vide Uttarakhand Act 24 of 2014, s. 10] 

28 

 
53.  Entries  to  be  numbered  consecutively.—All  entries  in  each book shall  be  numbered  in  a 
consecutive series, which shall commence and terminate with the year, a fresh series being commenced at 
the beginning of each year. 

Uttarakhand 

Insertion  of  proviso  to  section  53.—In  section  53  of  the  Principal  Act,  the  following 

proviso shall be inserted, namely:-- 

“Provided that where Book is in electronic form, all entries and numbers in that Book and the  Book 

maintained manually shall be identical.” 

[Vide Uttarakhand Act 24 of 2014, s. 11] 

54. Current indexes and entries therein.—In every office in which any of the books hereinbefore 
mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry 
in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, 
or filed a memorandum of, the document to which it relates. 

Karnataka 

STATE AMENDMENT 

Amendment  of  section  54.-In  section  54  of  the  principal  Act,  for  the  words  "copied,  or  filed 

memorandum of, the words "filed a true copy or memorandum or shall be substituted. 

[Vide Karnataka Act 55 of 1976, s. 10] 
Tripura 

Amendment  of  Section  54.-In  section  54  of  the  principal  Act,  for  the  words  and  mark  “copied, 
or filed a memorandum of “the words “pasted a true copy or filed a memorandum of” shall be substituted. 

[Vide Tripura Act 7 of 1982, s. 8] 

Kerala 

Amendment  of  section  54.-In  section  54  of  the  principal  Act  for  the  words  “copied,  or  filed  a 

memorandum of,” the words “filed a true copy or memorandum of” shall be substituted.” 

[Vide kerala Act 7 of 1968, s. 9]  

Orissa                                                                                                                                                                             

Amendment of section 54.— In the principal Act, in section 54, for the words “copied or filed”, the 

words “filed a true copy or” shall be substituted. 

[Vide Orissa Act 14 of 1989, s. 8] 

Uttarakhand 

Amendment of section 54.—Section 54 of the Principal Act, shall be substituted as follows; namely:- 

"54.  In  every  office in  which  any  of  the  books  hereinbefore  mentioned  are  kept,  there  shall  be 
prepared current indexes of the contents of such books and every entry in such indexes shall be made, 
so far as practicable, immediately after the registering officer has scanned or filed a true copy or a 
memorandum of, the document to which it relate." 

[Vide Uttarakhand Act 24 of 2014, s. 12] 

55. Indexes to be made by registering officers, and their contents.—(1) Four such indexes shall be 
made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Ill 
and Index No. IV. 

(2)  Index  No.  I  shall  contain  the  names  and  additions  of  all  persons  executing  and  of  all  persons 

claiming under every document entered or memorandum filed in Book No. 1. 

29 

 
(3)  Index  No.  II  shall  contain  such  particulars  mentioned  in  section  21  relating  to  every  such 

document and memorandum as the Inspector-General from time to time directs in that behalf. 

(4)  Index  No.  III  shall  contain  the  names  and  additions  of  all  persons  executing  every  will  and 
authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and 
after the death of the testator or the donor (but not before) the names and additions of all persons claiming 
under the same. 

(5)  Index  No.  IV  shall  contain  the  names  and additions  of all  persons  executing  and  of  all  persons 

claiming under every document entered in Book No. 4. 

(6)  Each  Index  shall  contain  such  other  particulars,  and  shall  be  prepared  in  such  form,  as  the 

Inspector-General from time to time directs. 

STATE AMENDMENT 

Karnataka 

Amendment of section 55.-In section 55 of the principal Act,- 

(a)  in  sub-section  (2),  for  the  words  "documents  entered  or  memorandum  filed",  the  words 

"documents of which a true copy or memorandum is filed" shall be substituted; 

(b)  in  sub-section  (4),  for  the  words  "authority  entered",  the  words  "authority  of  which  a  true 

copy is filed" shall be substituted; 

(c) in sub-section (5), for the words "document entered", the words "documents of which a true 

copy is filed" shall be substituted. 

[Vide Karnataka Act 55 of 1976, s. 11] 

Tripura 

Amendment of Section 55.-In section 55 of the principal Act- 

(a) in sub-section (2), for the word “entered” substitute the words “of which a true copy pasted”; 

(b)  in  sub-section  (4),  for  the  words  and  figure  “every  will  and  authority  entered  in  Book  No. 
3” substitute the words and figure “every will and authority of which a true copy is pasted in Book No. 
3”; 

(c) in sub-section (5), for the word “entered” substitute the words “of which a true copy is pasted” 

shall be substituted. 

[Vide Tripura Act 7 of 1982, s. 9] 

Kerala 

Amendment of section 55.-In section 55 of the principal Act,- 

(a)  in  sub-section  (2),  for  the  words  “document  entered  or  memorandum  filed”,  the  words 

“document of which a true copy, or memorandum, is filed” shall be substituted. 

(b)  in  sub-section  (4),  for  the  words  “authority  entered”,  the  words  “authority  of  which  a  true 

copy is filed” shall be substituted. 

(c) in sub-section (5), for the words “document entered”, the words “document of which a true 

copy is filed” shall be substituted. 

[Vide kerala Act 7 of 1968, s. 10] 

Orissa 

Amendment of section 55.— In the principal Act, in section 55,— 

30 

 
(a)  in  sub-section  (2),  for  the  words  “document  entered  or  memorandum  filed”,  the  words 

“document of which a true copy or a memorandum is filed” shall be substituted; 

(b)  in  sub-section  (4),  for  the  words  “authority  entered”,  the  words  “authority  of  which  a  true 

copy is filed” shall be substituted; and 

(c) in sub-section (5), for the words “document entered”, the words “document of which a true 

copy  is filed” shall be substituted. 

[Vide Orissa Act 14 of 1989, s. 9] 

Uttarkhand 

Insertion  in  section  55.—After  sub-section  (6)  of  section  55  of  the  Principal  Act,  the  following  sub-
section shall be inserted, namely:-- 

“(7) Where Book is in electronic form, the indexes made under this section shall also be stored in 
electronic form in the manner prescribed by rules under Section 69." 

[Vide Uttarakhand Act 24 of 2014, s.13] 

56.[Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.] 

Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2. 

57.  Registering  officers  to  allow  inspection  of  certain  books  and indexes,  and  to  give certified 
copies of entries.—(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 
1  and  2  and  the  Indexes  relating  to  Book  No.  1  shall  be  at  all  times  open  to  inspection  by  any  person 
applying to inspect the same; and, subject to the provisions of section 62, copies or entries in such books 
shall be given to all persons applying for such copies. 

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto 
shall be given to the persons executing the documents to which such entries relate, or to their agents, and 
after the death of the executants (but not before) to any person applying for such copies. 

(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto 
shall  be  given  to  any  person  executing  or  claiming  under  the  documents  to  which  such  entries 
respectively refer, or to his agent or representative. 

(4) The requisite search, under this section for entries in Book Nos. 3 and 4 shall be made only by the 

registering officer. 

(5) All copies given under this section shall be signed and sealed by the registering officer, and shall 

be admissible for the purpose of proving the contents of the original documents. 

Uttarakhand 

STATE AMENDMENT 

Amendment of section 57.—In place of sub-section (1) of section 57 of the Principal Act, shall be 

substituted as follows; namely:- 

"(1)  Subject  to  the  previous  payment  of  fees  payable  in  that  behalf,  books  1  and  2  and  indexes 
relating  to  Book  I  other  than  those  in  electronic  Form  shall  be,  at  all  times,  open  to  inspection  by  any 
person applying to inspect the same and subject to the provisions of section 62, copies of entries in such 
books shall be given to all persons applying for such copies.” 

[Vide Uttarakhand Act 24 of 2014, s. 14] 

31 

 
 
 
(B) As to the procedure on admitting to registration 

58. Particulars to be endorsed on documents admitted to registration.—(1) On every document 
admitted  to  registration,  other  than  a  copy  of  a  decree  or  order,  or  a  copy  sent  to  a  registering  officer 
under section 89, there shall be endorsed from time to time the following particulars, namely:— 

(a) the signature and addition of every person admitting the execution of the document, and, if 
such execution has been admitted by the representative, assign or agent of any person, the signature 
and addition of such representative, assign or agent; 

(b) the signature and addition of every person examined in reference to such document under any 

of the provisions of this Act; and 

(c) any payment of money or delivery of goods made in the presence of the registering officer in 
reference to the execution of the document, and any admission of receipt of consideration, in whole or 
in part, made in his presence in reference to such execution. 

(2) If any person admitting the execution of a document refuses to endorse the same, the registering 

officer shall nevertheless register it, but shall at the same time endorse a note of such refusal. 

STATE AMENDMENT 

Uttarakhand 
Amendment  of  section  58.—In  place  of  sub-section  (1)  of  section  58  of  the  Principal  Act,  shall  be 
substituted as follows; namely:- 

“(1) On every document admitted to registration and true copy there of other than a copy of a decree 
or order or a copy sent to a registering officer under section 89, there shall be endorsed from time to time, 
the following particulars, namely :- 

(a)  the  signature  and  addition  of  every  person  admitting  the  execution  of  the  document  and  if 
such execution has been admitted by the representative, assign or agent of any person, the signature 
and addition of such representative, assign or agent; 

(b) the signature and addition of every person examined in reference to such document, under any 

of the provisions of the Act; and 

(c) any payment of money or delivery of goods made in the presence of the registering officer, in 
reference to the execution of the document and any admission of receipt of consideration, in whole or 
in part, made in his presence in reference to such execution.” 

[Vide Uttarakhand  Act 24 of 2014, s. 15] 

59.  Endorsements  to  be  dated  and  signed  by  registering  officer.—The  registering  officer  shall 
affix  the  date  and  his  signature  to  all endorsements made  under  sections  52  and  58,  relating  to  the 
same document and made in his presence on the same day. 

60.  Certificate  of  registration.—(1)  After  such  of  the  provisions  of  sections  34,  35,  58  and  59  as 
apply  to  any document presented  for  registration  have  been  complied  with,  the  registering  officer  shall 
endorse thereon a certificate containing the word “registered”, together with the number and page of the 
book in which the document has been copied. 

(2)  Such  certificate  shall  be  signed,  sealed  and  dated  by  the  registering  officer,  and  shall  then  be 
admissible for the purpose of  proving that the document has been duly registered in  manner provided by 
this  Act,  and  that  the  facts  mentioned  in  the  endorsements  referred  to  in  section  59  have  occurred  as 
therein mentioned. 

Karnataka 

STATE AMENDMENT 

Amendment of section 60.—The words "the document has been copied", the words " a true copy of 

the document has been filed" shall be substituted. 

[Vide Karnataka Act 55 of 1976, s. 12] 

32 

 
Kerala 

Amendment of section 60.-In sub-section (1) of section 60, for the principal Act, for the words "the 
document  has  been  copied",  the  words  "the  true  copy  of  the  document  has  been  filed"  shall  be 
substituted.] 

[Vide kerala Act 7 of 1968, s. 11] 
Tripura 
Amendment of Section 60.—In sub-section (1) of section 60 of the principal Act, for the words “the 
document  has  been  copied”,  the  words  “the  true  copy  of  the  document  has  been  pasted”  shall  be 
substituted. 
[Vide Tripura Act 7 of 1982, s. 10] 

Orissa 

Amendment of section 60.— In the Principal Act, in sub-section (1) of section 60, for the words “ 
the  document  has  been  copied”,  the  words  “  the  true  copy  of  the  document  has  been  filed”  shall  be 
substituted. 

[Vide Orissa Act 14 of 1989, s. 10] 

Uttarakhand 

Amendment of section 60.—In place of sub-section (1) of section 60 of the Principal Act, shall be 

substituted as follows; namely:-- 

"(1)  After  such  of  the  provision  of  sections  34,  35,  58  and  59,  as  apply  to  any  document, 
presented  for  registration,  have  been  complied  with,  the  registering  officer  shall  endorse  thereon  a 
certificate containing the word 'registered' together with the number and pages of the books in which 
the laminated true copy thereof has been bound and kept." 

[Vide Uttarakhand Act 24 of 2014, s. 16] 

61.  Endorsements  and  certificate  to  be  copied  and  document returned.—(1)  The  endorsements 
and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin 
of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in 
Book No. 1. 

(2)  The  registration  of  the  document  shall  thereupon  be  deemed  complete,  and  the  document  shall 
then be returned to the person who presented the same for registration, or to such other person (if any) as 
he has nominated in writing in that behalf on the receipt mentioned in section 52. 

Karnataka 

STATE AMENDMENT 

Amendment of section 61.—For sub-section (1) of section 61 of the principal Act the following 

sub-section shall be substituted namely:- 

"(1)  The  endorsements  and  certificate  referred  to  and  mentioned  in  sections  59  and  60  shall 
thereupon be copied into the true copy of the document presented along with the document and the 
true copy of the map or the plan (if any) mentioned in section 21 shall also be filed along with the 
true copy of the document." 

[Vide Karnataka Act 55 of 1976, s. 13] 

Kerala 

Amendment of section 61.—for sub-section (1) of section 61 of the principal Act, the following sub-

section shall be substitute, namely:- 

“(1)  The  endorsement  and  certificate  referred  to  and  mentioned  in  sections  59  and  60  shall 
thereupon be copied into the true copy of the document presented along with the document, and the 
true copy of the map or plan (if any) mentioned in section 21 shall also be filed along with the true 
copy of the document.” 
[Vide kerala Act 7 of 1968, s. 12] 

33 

 
Orissa 

Amendment  of  section  61.—In  the  principal  Act,  for  sub-section  (1)  of  section  61,  the  following 

sub-section shall be substituted, namely:— 

“(1)  The  endorsements  and  certificates  referred  to  and  mentioned  in  sections  59  and  60  shall 
thereupon be copied into the true copy of the document presented along with the document, and the 
true copy of the map or plan, if any, mentioned  in section 21 shall also be filed alongwith the true 
copy of the document.”. 

[Vide Orissa Act 14 of 1989, s. 11] 
Tripura 

Amendment of section 61.—In sub-section (1) of the section 61 of the principal Act, the words 

“the margin of” shall be omitted. 
[Vide Tripura Act 7 of 1982, s. 11] 
Uttarakhand 

Amendment  of  section  61.—In  place  of  section  61  of  the  Principal  Act,  shall  be  substituted  as 

follows; namely:- 

“61.(1) Subject to the provisions of section 62, after the provisions of sections 52, 58, 59 and 60 
are  compiled  with,  every  document  admitted  to  registration  along  with  the  map  or  plan,  if  any, 
mentioned in section 21, shall without unnecessary delay, be scanned and a printout thereof shall be 
kept permanently in the Book appropriate for the document admitted to registration, according to the 
order of its admission; 

Provided that, where, Book is not in electronic form or scanning of the document is not possible 
on the same day, the true copy of the document admitted to registration along with the copy of the 
map or plan, if any, mentioned in section 21 shall be kept in the Book appropriate for the document in 
the  manner  aforesaid  for  being  scanned  at  the  earliest  opportunity  and  replaced  permanently  by  a 
printout thereof; 

Provided  further  that  a  true  copy  filed  before  the  commencement  of  the  Registration 
(Uttarakhand Amendment)  Act,  2010 and  not  copied  in  the  Book  appropriate  therefor,  shall  be 
deemed to be a true copy presented under section 32-A and shall be dealt with in accordance with the 
provisions of this section; 

Provided  also  that  if  the  true  copy  filed  before  the  commencement  of  the  Registration 
(Uttarakhand Amendment)  Act,  2010 is  dim  or  has  otherwise  become  illegible  and  has  not  been 
copied in the Book appropriate therefor, the registering officer shall, with the prior approval of the 
Registrar,  require  the  party  concerned  to  deliver  the  document  to  him  for  getting  its  true  copy 
prepared for the purposes of this section  and if the party concerned informs him that the document 
has  been  lost  or  destroyed,  the  true  copy  available  in  the  registering  office  shall  be  dealt  with  in 
accordance with the provisions of this section. 

(2)  The  registration  of  the  document  shall,  thereupon,  be  deemed  complete  and  the  document 
shall then be returned to the person who presented the same for registration, or to such other person, if 
any, as he has nominated in writing in that behalf on the receipt mentioned in section 52. 

(3) All such Books shall be authenticated at such intervals and in such manner as is from time to 

time prescribed by the Inspector-General." 

[Vide Uttarakhand Act 24 of 2014, s. 17] 

62. Procedure on presenting document in language unknown to registering officer.—(1) When a 
document is presented for registration under section 19, the translation shall be transcribed in the register 
of documents of the nature of the original, and, together with the copy referred to in section 19, shall be 
filed in the registration office. 

34 

 
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on 
the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 
and 66, the translation shall be treated as if it were the original. 

STATE AMENDMENT 

Karnataka 

Amendment  of  section  62.—For  sub-section  (1)  of  section  62  of  the  principal  Act,  the  following 

sub-section shall be substituted, namely:-- 

"(1) When a document is presented for registration under section 19, the translation together with the 

true copy of the document shall be filed in the appropriate book.” 
[Vide Karnataka Act 55 of 1976, s. 14] 
Kerala 

Amendment of section 62.-For sub-section (1) of section 62 of the principal Act, the following sub-

section shall be substituted, namely:- 

“(1) When a document is presented for registration under section 19, the translation together with the 

true copy of the document shall be filed in the appropriate book.” 
[Vide kerala Act 7 of 1968, s. 13] 
Himachal Pradesh 

 Amendment of section 62.- In section 62 of the principal Act, for sub-section (1), the following 

sub-section shall be substituted, namely:- 

“(1) When a document is presented for registration under section 19, a copy of the translation shall 
be  pasted  in  the  register  of  documents  of  the  nature  of  the  original,  and  the  second  copy  of  the 
translation, together with the true copy referred to in Section 19, shall be filed in the registration office." 

[Vide Himachal Pradesh Act 2 of 1969, s. 6] 

Orissa 

Amendment of section 62.— In the principal Act, for sub-section (1) of section 62, the  following 

sub-section shall be substituted, namely:— 

“(1) when a document is presented for registration under section 19, the translation together with 

the true copy of the document shall be filed in the “appropriate book.”. 

[Vide Orissa Act 14 of 1989, s. 12] 
Tripura 
Amendment of section 62.-In section 62 of the principal Act, for sub-section (1), the following shall 
be substituted:- 

“when a document is presented for registration under section 19, the true translation together with 
the true copy referred to in that section shall be pasted in the register of documents of the nature of 
the original and the second copy of the translation shall be filed with Registration Office”. 

[Vide Tripura Act 7 of 1982, s. 12] 
Uttarakhand 

Substitution  of  section  62.—In  place  of  section  62  of  the  Principal  Act,  shall  be  substituted  as 

follows; namely:-- 

“62. When a document is presented for registration under section 19, the original document shall 
be dealt with in accordance with the provisions of sections 52, 58, 59, 60 and 61 and the translation 
shall also be scanned along with the original document and its printout kept along with the printout of 
the  original  document,  and  if  Book  is  not  in electronic  form  or  the  scanning  is not  possible  on  the 
same day, the true copy of the translation shall be kept along with the true copy of the document in 
accordance  with  sub-section  (1)  of  section  61,  and  for  the  purposes  of  making  the  copies  and 
memoranda required by sections 57, 64, 65 and 66, it shall be treated as if it were the original." 

[Vide Uttarakhand Act 24 of 2014, s. 18] 

35 

 
63.  Power  to  administer  oaths  and  record  of  substance  of  statements.—(1)  Every  registering 
officer may, at his discretion, administer an oath to any person examined by him under the provisions of 
this Act. 

(2) Every such officer may also at his discretion record a note of the substance of the statement made 
by each such person, and such statement shall be read over, or (if made in a language with which such 
person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits 
the correctness of such note, it shall be signed by the registering officer. 

(3)  Every  such  note  so  signed  shall  be  admissible  for  the  purpose  of  proving  that  the  statements 

therein recorded were made by the persons and under the circumstances therein stated. 

(C) Special duties of Sub-Registrar 
64. Procedure where document relates to land in several sub-districts.—Every Sub-Registrar on 
registering  a  non-testamentary  document relating  to  immovable  property not  wholly  situate  in  his  own 
sub-district  shall  make  a  memorandum  thereof  and  of  the  endorsement  and  certificate  (if  any)  thereon, 
and  send  the  same  to  every  other  Sub-Registrar  subordinate to  the  same  Registrar  as  himself  in  whose 
sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his 
Book No. 1. 

Uttarakhand 

STATE AMENDMENT 

Amendment  of  section  64.—In  place  of  section  64  of  the  Principal  act,  shall  be  substituted  as 

follows; namely:-- 

"64.  Every  sub-registrar,  on  registering  an  non-testamentary  document  relating  to  immoveable 
property  not  wholly  situate  in  his  own  sub-district,  shall  make  a  memorandum  thereof  and  of  the 
endorsements  and  certificate  (if  any)  thereon  and  send  the  same  to  every  other  sub-registrar, 
subordinate to the same Registrar, as himself, in whose sub-district any part of such property is situate 
and Sub-Registrar shall take similar action on this memorandum, as known (sic taken) on a document 
admitted to registration under sub-section (1) of Section 61." 

[Vide Uttarakhand Act 24 of 2014, s. 19] 

65. Procedure where document relates to land in several districts.—(1) Every Sub-Registrar on 
registering a non-testamentary document relating to immovable property situate in more districts than one 
shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a 
copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any 
part of such property is situate other than the district in which his own sub-district is situate. 

(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the 
copy of the map or plan (if any), and shall forward a memorandum of the document to each of the Sub-
Registrars  subordinate  to  him  within  whose  sub-district  any  part  of  such  property  is  situate;  and  every 
Sub-Registrar receiving such memorandum shall file in his Book No. 1. 

Uttarakhand 

STATE AMENDMENT 

Amendment of section 65.—In place of sub-section (2) of section 65 of the Principal act, shall be 

substituted as follows; namely:-- 

"(2)  The  Registrar,  on  receiving  the  same  shall  take  a  similar  action  on  such  copy  of  the 
document and the copy of the map or plan, if any, as taken on a document admitted to registration 
under sub-section (1) of section 61 and shall forward a memorandum of the document to each of the 
sub-registrars  subordinate  to  him,  within  those  sub-district  any  part  of  such  property  is  situate  and 
every  sub-registrar,  receiving  such  memorandum,  shall  take  a  similar  action  on  it  as  taken  by  the 
Registrar under this section.". 

[Vide Uttarakhand Act 24 of 2014, s. 20] 

(D) Special duties of Registrar 

66.  Procedure  after  registration  of  documents  relating  to  land.—(1)  On  registering  any  non-
testamentary  document  relating  to  immovable  properly,  the  Registrar  shall  forward  a  memorandum  of 

36 

 
such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property 
is situate. 

(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan 
(if any) mentioned in section 21, to every other Registrar in whose district any part of such property is 
situate. 

(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a 
memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any 
part of the property is situate. 

(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1. 

Uttarkhand 

STATE AMENDMENT 

Amendment of section 66.— In place of sub-section (3) and sub-section (4) of section 66 of the 

Principal Act shall be substituted as follows; namely:- 

"(3)  Such  Registrar,  on  receiving  any  such copy,  shall take  a  similar  action on it  as taken on a 
document  admitted  to  registration  under  sub-section  (1)  of  section  61  and  shall  also  send  a 
memorandum of the copy to each of the sub-registrars subordinate to him, within whose sub-district 
any part of the property is situate." 

"(4) Every sub-registrar receiving any memorandum under this section shall take a similar action 

on it as taken on a copy received under sub-section (3)." 

[Vide Uttarakhand Act 24 of 2014, s. 21] 

67. [Procedure after registration under section 30, sub-section (2).]Omitted by the Registration and 

Other Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001). 

STATE AMENDMENT 

Karnataka 

Omission of section 67.-Section 67 of the principal Act, shall be omitted. 

[Vide Karnataka Act 24 of 1989, s. 3] 

Rajasthan 
Amendment of section 67, Central Act 16 of 1908.-Section 67 of the principal Act shall be omitted. 

[Vide Rajasthan Act 18 of 1989, s. 5] 

(E) Of the Controlling powers of Registrar and Inspector-General 

68.  Power  of  Registrar  to  superintend  and  control  Sub-Registrars.—(1)  Every  Sub-Registrar 
shall  perform  the  duties  of  his  office  under  the  superintendence  and  control  of  the  Registrar  in  whose 
district the office of such Sub-Registrar is situate. 

(2)  Every  Registrar  shall  have  authority  to  issue  (whether  on  complaint  or  otherwise)  any  order 
consistent  with  this  Act  which  he  considers  necessary  in  respect  of  any  act  or  omission  of  any  Sub-
Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office 
in which any document has been registered. 

69.  Power  of  Inspector-General  to  superintend  registration  offices  and  make  rules.—(1)  The 
Inspector-General  shall  exercise  a  general  superintendence  over  all  the  registration  offices  in  the 
territories under the 1[State Government], and shall have power from time to time to make rules consistent 
with this Act— 

1. Subs. by the A.O. 1950, for "Provincial Government". 

37 

 
                                                           
(a) providing for the safe custody of books, papers and documents; 1*** 

2[(aa) providing the manner in which and the safeguards subject to which the books may be kept 
in  computer  floppies  or  diskettes  or  in  any  other  electronic  form  under  sub-section  (1)  of  section 
16A;] 

(b) declaring what language shall be deemed to be commonly used in each district; 

(c) declaring what territorial divisions shall be recognized under section 21; 

(d) regulating the amount of fines imposed under sections 25 and 34, respectively; 

(e) regulating the exercise of the discretion reposed in the registering officer by section 63; 

(f) regulating the form in which registering officers are to make memoranda of documents; 

(g)  regulating  the  authentication  by  Registrars  and  Sub-Registrars  of  the  books  kept  in  their 

respective offices under section 51; 

3[(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 

may be presented for registration;] 

(h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively; 

(i) declaring the holidays that shall be observed in the registration offices; and 

(j) generally, regulating the proceedings of the Registrars and Sub-Registrars. 

(2) The rules so made shall be submitted to the 1[State Government] for approval, and, after they have 
been approved, they shall be published in the 4[Official Gazette], and on publication shall have effect as if 
enacted in this Act. 

Karnataka 

STATE AMENDMENT 

Amendment of section 69.-In sub-section (1) of section 69 of the principal Act,  

(i)  in  clause  (g)  after  the  word  and  figures  "section  51",  insert  the  words  "and  the  manner  of 

recopying such books on portions thereof", 

(ii) after clause (i) insert us under-- 

"(ii) prescribing the manner in which and the terms subject to which persons who write deeds 
outside  the  precincts  of  a  registration  officer,  or  who  frequent  the  precincts  of  registration 
officers, for the purpose of writing documents may be granted licence and prescribing the fees to 
be paid for such licences; 

[Vide Karnataka Act 55 of 1976, s. 15] 

Kerala 

Amendment of section 69.-After clause (b) of sub-section (1) of section 69 of the principal Act, the 

following clause shall be inserted, namely:- 

“(bb) providing for the grant of licences to document writers, the revocation of such licences the 
terms and conditions subject to which and the authority by whom such licences shall be granted and 
generally for all purposes connected with the writing of documents to be presented for registration.” 

[Vide Kerala Act 2 of 1959, s. 3] 

1. The words “and also for the destruction of such books, papers and documents as need no longer be kept” rep. by Act 5 of 1917, 

s. 6 and the Schedule. 

2. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001). 
3. Ins. by Act 39 of 1948, s. 4. 
4. Subs. by the A.O. 1937, for “Local Official Gazette”. 

38 

 
 
 
                                                           
Himachal Pradesh 

Amendment of section 69.— 

 In section 69 of the principal Act, in sub-section (1), after clause (b), the following clause shall 

be inserted, namely:- 

"(bb) providing for the grant of licences to document writers, the revocation of such licences, the 
terms and conditions subject to which, and the authority by whom such licences shall be ranted and 
generally  for  all  purposes  connected  with  the  writing  of  the  documents  to  be  presented  for 
registration." 

[Vide Himachal Pradesh Act 2 of 1969, s. 7] 

Orissa 

Amendment of section 69.—In section 69 of the Registration Act, 1908 (16 of 1908), in sub-section 

(1) after clause (b), the following new clause shall be inserted, namely:— 

“(bb)  providing  for  the  grant  of  licences,  the  terms  and  conditions  subject  to  which  and  the 
authority  by  whom  such  licences  shall  be  granted,  the  exemption  of any  class of  document  writers 
from  the  licensing  provisions  and  the  conditions  subject  to  which  such  exemption  shall  be  granted 
and  generally  for  all  purposes  connected  with  the  writing  of  documents  to  be  presented  for 
registration.”. 

[Vide Orissa Act 11 of 1976, s. 2] 
Tripura 
Amendment of Section 69.—In section 69 of the principal Act, in sub-section (1) after clause (b), the 
following clause be inserted, namely:- 

“(bb) providing for the grant and renewal of licences to document writers, the revocation of licences 
granted  to  such  writers  and  generally  for  all  purposes  connected  with  the  writers  and  generally  for  all 
purposes  connected  with  the  writing  of  the  documents  and  with  the  writing  of the  true  copies  of  the 
documents to be presented for registration”. 

[Vide Tripura Act 7 of 1982, s. 13] 

Uttarkhand 

Insertion of section 69.—In section 69 of the Principal Act, after clause (hh), the following clauses 

shall be inserted, namely:- 

"(hh-1)  regulating  the number  and  manner in  which printouts  or true  copies  of documents 

and of translation shall be prepared and the Books in which they shall be kept for record; 

(hh-2) regulating the form of declaration and the manner of comparison and verification of 

the true copies; 

(hh-3)  regulating  the  manner in  which  and  safeguards  subject  to  which  the  Books  may  be 

kept in electronic form." 

(2) After section 69 of the Principal Act, the following section shall be inserted, namely:- 

"69-A  Notwithstanding  anything  contained  in  any  other  provisions  of  this  Act,  the  Inspector-
General of Registration shall with the prior approval of the State Government, prepare and circulate 
standard formats of various kinds of documents for the guidance of the general public, which may be 
used with or without modifications. 

Explanation:- Use of a standard format prepared and circulated under this section shall not be a 

prelude to omit the descriptions of the property required under sections 21 and 22.” 

[Vide Uttarakhand Act 24 of 2014, s. 22] 
Rajasthan 

Amendment of section 69, Act XVI of 1908.- After  clause   (b)   of   sub-section (1) of  section 69 

of the Indian Registration Act, 1908 (XVI of 1908), the following clause shall be inserted, namely:- 

39 

 
"(bb) providing for the grant of licences to document writers, the  revocation of such licences, 
the terms and conditions subject to which and the authority by whom such licences shall be granted 
and  generally  for  all  purposes  connected  with  the  writing  of  documents  to  be  presented  for 
registration." 

[Vide Rajasthan Act XVIII of 1953, s. 2] 
Rajasthan 
Amendment  of  section  69,  Central  Act  16  of  1908.-After  sub-section(2)  of  section  69  of  the 
principal Act, the following shall be added, namely:- 

"(3) The Inspector-General shall have power to issue any order consistent with this Act which he 
considers necessary in respect of any act or omission of any person subordinate to him or in respect of 
rectification  of  any  error  regarding  the  book  or  the  office    in  which  any  document  has  been 
registered.". 

[Vide Rajasthan Act 18 of 1989, s. 6] 
Gujarat 

Amendment of section 69 of XVI of 1908.— In  the  principal Act, in  section  69, in sub-section  (1), after  clause  (j), 

the following clause shall be added, namely:- 

“(k) regulating the procedure for presentation of document, appearance for admission, endorsement, manner of 

affixing signature and seal, mode of payment of registration fees and other fees and such other process when the 
document is presented by electronic means.” 

[Vide Gujarat Act 4 of 2020, s. 6] 

70. Power of Inspector-General to remit fines.—The Inspector-General may also, in the exercise of 
his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 
34, and the amount of the proper registration fee. 

PART XII 

OF REFUSAL TO REGISTER 

71.  Reasons for  refusal  to  register  to  be  recorded.—(1)  Every  Sub-Registrar  refusing  to  register 
a document, except on the ground that the property to which it relates is not situate within his sub-district, 
shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the 
words  “registration  refused”  on  the  document;  and,  on  application  made  by  any  person  executing  or 
claiming  under  the  document,  shall,  without  payment  and  unnecessary  delay,  give  him  a  copy  of  the 
reasons so recorded. 

(2) No registering officer shall accept for registration a document so endorsed unless and until, under 

the provisions hereinafter contained, the document is directed to be registered. 

STATE AMENDMENT 

Kerala 

Amendment of section 71.—In section 71 of the principal Act, after sub-section (2), the following 

sub-section shall be inserted, namely:— 

"(3)  No  registering  officer  shall  accept  for  registration  any  document  involving  transfer  of 
property including contract for sale of immovable property belonging to or vested in the Government 
of  Kerala  or  public  sector  undertakings  operating  in  the  State  or  local  self  government  institutions 
unless  it  is  accompanied  by  a  no  objection  certificate  issued  by  an  officer  authorised  by  the  State 
Government in this behalf.". 

[Vide Kerala Act 31 of 2013, s. 3] 

72.  Appeal  to  Registrar  from  orders  of  Sub-Registrar  refusing  registration  on  ground  other 
than denial of execution.—(1) Except where the refusal is made on the ground of denial of execution, an 
appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether 
the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar 

40 

 
is  subordinate,  if  presented  to  such  Registrar  within  thirty  days  from  the  date  of  the  order;  and  the 
Registrar may reverse or alter such order. 

(2)  If  the  order  of  the  Registrar  directs  the  document  to  be  registered  and  the  document  is  duly 
presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey 
the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 
58, 59 and 60; and such registration shall take effect as if the document had been registered when it was 
first duly presented for registration. 

73.  Application  to  Registrar  where  Sub-Registrar  refuses  to  register  on  ground  of  denial  of 
execution.—(1) When a Sub-Registrar has refused to register a document on the ground that any person 
by  whom  it  purports  to  be  executed,  or  his  representative  or  assign,  denies  its  execution,  any  person 
claiming under such document, or his representative, assign or agent authorised as aforesaid, may, within 
thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is 
subordinate in order to establish his right to have the document registered. 

(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded 
under  section  71,  and  the  statements  in  the  application  shall  be  verified  by  the  applicant  in  manner 
required by law for the verification of plaints. 

74.  Procedure  of  Registrar  on  such  application.—In  such  case,  and  also  where  such  denial  as 
aforesaid  is  made  before  a  Registrar  in  respect  of  a  document  presented  for  registration  to  him,  the 
Registrar shall, as soon as conveniently may be, enquire.— 

(a) whether the document has been executed; 

(b) whether the requirements of the law for the time being in force have been complied with on 
the part of the applicant or person presenting the document for registration, as the case may be, so as 
to entitle the document to registration. 

75.  Order  by  Registrar  to  register  and  procedure  thereon.—(1)  If  the  Registrar  finds  that  the 
document has been executed and that the said requirements have been complied with, he shall order the 
document to be registered. 

(2) If the document is duly presented for registration within thirty days after the making of such order, 
the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the 
procedure prescribed in sections 58, 59 and 60. 

(3) Such registration shall take effect as if the document had been registered when it was first duly 

presented for registration. 

(4)  The  Registrar  may,  for  the  purpose  of  any  enquiry  under  section  74,  summon  and  enforce  the 
attendance of witness, and compel them to  give evidence, as if he were a Civil Court and he may also 
direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall 
be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908). 

76. Order of refusal by Registrar.—(1) Every Registrar refusing— 

(a) to register a document except on the ground that the property to which it relates is not situate 

within his district or that the document ought to be registered in the office of a Sub-Registrar, or 

(b) to direct the registration of a document under section 72 or section 75, 

shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application 
made  by  any  person  executing  or  claiming  under  the  document,  shall,  without  unnecessary  delay,  give 
him a copy of the reasons so recorded. 

(2) No appeal lies from any order by a Registrar under this section or section 72. 

77.  Suit  in  case  of  order  of  refusal  by  Registrar.—(1)  Where  the  Registrar  refuses  to  order  the 
document to be registered, under section 72 or section 76, any person claiming under such document, or 
his  representative,  assign  or  agent,  may,  within  thirty  days  after  the  making  of  the  order  of  refusal, 
institute  in the  Civil  Court,  within  the  local  limits  of  whose  original jurisdiction  is  situate  the  office  in 

41 

 
which the document is sought to be registered, a suit for a decree directing the document to be registered 
in such office if it be duly presented for registration within thirty days after the passing of such decree. 

(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply 
to  all  documents  presented  for  registration  in  accordance  with  any  such  decree,  and,  notwithstanding 
anything contained in this Act, the documents shall be receivable in evidence in such suit. 

PART XIII 

OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES 

78. Fees to be fixed by State Government.—1***  The 2[State Government] shall prepare a table of 

fees payable— 

(a) for the registration of documents; 

(b) for searching the registers; 

(c) for making or granting copies of reasons, entries or documents, before on or after registration; 

and of extra or additional fees payable— 

(d) for every registration under section 30; 

(e)for the issue of commissions; 

(f) for filing translations; 

(g) for attending at private residences; 

(h) for the safe custody and return of document; and 

(i)  for  such  other  matters  as  appear  to  the  Government  necessary  to  effect  the  purposes  of  this 

Act. 

Assam 

STATE AMENDMENT 

Insertion of new Section 78A.- In the principal Act, after the existing sections 78, the following new 

section 78A shall be inserted, namely:— 

“78A.  Power  to  reduce  or  remit  fees.—The  State  Government  may,  if  in  its  opinion  it  is 
necessary in the public interest so to do, by order published in the Official Gazette, reduce or remit the 
fees  payable  in  respect  of  any  of  the  matters  enumerated  in  clauses  (a)  to  (i)  of  section  78,  either 
generally or for any particular class of cases and in respect of persons generally or of any particular 
class or classes of persons, or in respect of any particular class or classes of instruments." 

[Vide Assam Act 24 of 2013, s. 2] 
Kerala 

Amendment of section 78.-Section 78 of the principal Act shall be renumbered as sub-section (1) of 
that  section,  and  after  sub-section  (1)  as  so  renumbered,  the  following  sub-section  shall  be  inserted, 
namely:- 

“(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by 
order published in the Official Gazette, remit the fees payable in respect of any of the matters encumbered 
in clauses (a) to (i) of sub-section (1), either generally for any particular class or classes of cases and in 
respect of persons generally or of any particular class or classes of persons.” 

[Vide kerala Act 7 of 1968, s. 14] 

1. The words “Subject to the control of the Governor-General in Council” omitted by Act 38 of 1920, s. 2,and the First Schedule.  
2. Subs. by the A.O. 1950, for “Provincial Government”. 

42 

 
 
 
                                                           
Orissa 

Insertion of new section 78-A.--After section 78 of the principal Act, the following section shall be 

inserted, namely:— 

“78-A. Power to remit fees.--The State Government, if it is of the opinion that any instrument  
which involves donation of property for public charitable purpose, or involves exchange of land on 
the initiative of the State Government in the public interest, may, by order published in the Gazette, 
remit the fees payable in respect of any such instrument.” 

[Vide Orissa Act 8 of 2002, s. 7] 

Uttarakhand 

Insertion  of  section  78-B.—After  section  78-A  of  the  Principal  Act,  the  following  section  shall  be 
inserted, namely:-- 

“78-B     (1) The fee for the registration of a document may be charged in the form of adhesive 
labels  for  which  the  Inspector-General  of  Registration  may,  with  the  prior  approval  of  the  State 
Government, make rules to regulate supply and sale thereof, the persons by whom alone such sale is 
to be conducted and the duties and remuneration of and the fees chargeable from such persons. 

(2)  The  District  Registrar  may,  on  an  application  of  a  person,  make  allowance  for  the  spoiled, 
misused  or  unused  adhesive  labels purchased for  the registration  of  a  document  is  accordance  with 
the  rules  made  by  the  Inspector-General  of  Registration  with  the  prior  approval  of  the  State 
Government." 

[Vide Uttarakhand Act 24 of 2014, s. 23] 

Rajasthan 

Amendment  of  section  78,  Central  Act  XVI  of  1908.—  Section  78  of  the  principal  Act  shall  be 
renumbered as sub-section (1) thereof and after sub-section (1),  as  so re-numbered, the following sub-
section shall be added namely:- 

"(2) The State Government may, if in its opinion it is necessary in the public interest so to do, by 
order  published  in  the  official  Gazette,  remit  or  reduce  the  fees  payable  in  respect  of  any  of  the 
matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class 
or classes of cases and in respect of persons generally or of any particular class or classes of persons." 

[Vide Rajasthan Act 16 of 1976, s. 4] 

79. Publication of fees.—A table of the fees so payable shall be published in the Official Gazette, 
and a copy thereof in English and the vernacular language of the district shall be exposed to public view 
in every registration office. 

80. Fees payable on presentation.—All fees for the registration of documents under this Act shall be 

payable on the presentation of such documents. 

STATE AMENDMENT 

Kerala 

Insertion of new section 80 A.—After section 80 of the Registration Act, 1908 (Central Act 16 of 

1908), the following section shall be inserted, namely.— 

“80A. Recovery of registration fees in certain cases.—If on inspection or otherwise it is found that 
the fee payable under this Act in relation to any document which is registered has not been paid or has 
been insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the fact 
that the value of the property or the consideration, as the case may be, has not been truly set forth in the 
document, such fee or the difference between the fee paid and the fee due, as the case may be, may on a 
certificate  by  the  Inspector  General  of  Registration  or  an  officer  authorised  by  him  in  that  behalf,  be 

43 

 
recovered from the person who presented such document for registration under section 32, as an arrear of 
public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force: 

Provided that no such certificate shall be granted unless enquiry in the prescribed manner has been 

held and such person has been given a reasonable opportunity of being heard: 

Provided further  that  no such  certificate  shall be  granted  after the  expiry  of  a  period  of three  years 

from the date of presentation of the document under section 32.”. 

[Vide Kerala Act 21 of 1998, s. 2] 

Karnataka 

Insertion of new section 80A.—After section 80 of the Registration Act, 1908 (Central Act 16 of 

1908) the following section shall be inserted, namely:- 

“80A. Deficient amount of fees payable and their recovery.—(1) If the value of the property 
has been increased under section 45A of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), 
consequential increase in the fee for the registration of documents under this Act shall be paid by the 
person liable to pay the same within a period of thirty days from the date, the order determining the 
market value of the property is communicated to him. 

(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue.” 

[Vide Karnataka Act 28 of 1975, s. 2] 

Karnataka 

Insertion of new Part after Part XIII-After Part XIII of the principal Act, the following Part shall be 

inserted, namely:- 

“PART XIII-A 

OF DEED WRITERS 

80B.  Deed  Writers  to  hold  licences.—No  person  other  than  an  advocate  or  other  legal 
practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules 
made under section 69". 

[Vide Karnataka Act 55 of 1976, s. 16] 

Karnataka 

Insertion of new section 80A.-After section 80 of the Registration Act, 1908 (Central Act 25 of 
1908), the following section shall be and shall be deemed to have been inserted with effect from the 
first day of April, 1972, namely:- 

"80A. Recovery of registration fee not levied or short levied, etc.--(1) If on inspection or 
otherwise,  it  is  found  that  the  fee  payable  under  this  Act  in  relation  to  any  document  which  is 
registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the 
Inspector-General  of  Registration,  be  recovered  from  the  person  who  presented  such  document 
for  registration,  as  an  arrear  of  land  revenue.  The  certificate  of  the  Inspector-General  shall  be 
final and shall not be called in question in any court or before any authority: 

Provided that no such certificate shall be granted without giving such person,-- 

(i) an opportunity of being heard; and 

(ii) an opportunity to pay the amount of fee found due from him. 

(2) If on inspection or otherwise the Inspector-General of Registration finds that the amount 
of  fees  charged  and  paid  under  the  provisions  of  this  Act  is  in  excess  of  that  which  is  legally 

44 

 
 
chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged 
and paid. 

(3) Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day 

of April, 1972." 

[Vide Karnataka Act 19 of 1980, s. 2] 

Himachal Pradesh 

Insertion of new section 80-A.- In the Registration Act, 1908 (16 of 1908) after section 80, the 
following new section along with its heading shall be inserted and shall be deemed always to have 
been inserted, namely:- 

"80-A. Recovery of registration fee as arrears of land revenue and provision for refund.- (l) 
If  on  inspection,  or  otherwise,  it  is  found  that  the  fee  payable  under  this  Act  in  relation  to  any 
document which is registered has not been paid or has been insufficiently paid, such fee may, after 
failure  to  pay  the  same  on  demand  within  a  specified  period,  on  a  certificate  of  the  registering 
authority  concerned,  be  recovered  from  the  person  who  presented  such  document  for  registration 
under section 32 as an arrear of land revenue. 

(2) Where the Registrar finds the amount of fee in excess of that which is legally chargeable has 
been  charged  and  paid  under  the  provisions  of  this  Act,  he  may,  upon  an  application  in  writing  or 
otherwise, refund the excess." 

[Vide Himachal Pradesh Act 1 of 1982, s. 2] 

Orissa 

Insertion of new section 80-A.— In the principal Act, after section 80, the following section shall be 

inserted namely:— 

“80-A.  Recovery  of  deficient  registration  fee  as  arrears  of  land  revenue.—If,  on  inspection  or 
otherwise, it is found that the fee payable under this Act in relation to any document which is registered 
has  been insufficiently  paid,  the  deficient  fee  shall, after failure to pay  the  same  on demand  within  the 
prescribed  period,  be  recoverable  from  the  person  who  presented  such  document  as  arrears  of  land 
revenue.”. 

[Vide Orissa Act 19 of 1991, s. 3] 

PART XIV 

OF PENALTIES 

81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent 
to injure.—Every registering officer appointed under this Act and every person employed in his office 
for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of 
any  document  presented  or  deposited under its  provisions,  endorses, copies,  translates  or  registers such 
document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing 
it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any 
person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, 
or with both. 

Karnataka 

STATE AMENDMENT 

Amendment of section 81.-In section 81 of the principal Act,- 

(i) in the marginal heading, for the words " the registering", the words "registering or filing" shall 

be substituted; 

45 

 
(ii) for the words "or registering of any document" the words "registering or filing a true copy of 

any document" shall be substituted; 

(iii)  for  the  words  "or  registers  such  document",  the  words  "registers  or  files  a  copy  of  such 

document" shall be substituted. 

[Vide Karnataka Act 55 of 1976, s. 17] 

Kerala 

Amendment of section 81.-In section 81 of the principal Act,- 

(a) for the words “or registering of any document”, the words “registering, or filing a true copy, 

of any document” shall be substituted; 

(b) for the words “or registers such document”, the words “registers, or files a true copy of, such 

document” shall be substituted. 

[Vide Kerala Act 7 of 1968, s. 15] 

Orissa 

Amendment of section 81.—In the principal Act, in section 81,— 

(a) for the words “ or registering of any document” the words “registering or filing a true copy of 

any document” shall be substituted; 

(b) for the words “or registers such document”, the words “registers or files a true  copy of such 

document” shall be substituted. 
[Vide Orissa Act 14 of 1989, s. 13] 
Tripura 

Amendment of section 81.—For section 81 of the principal Act, the following shall be substituted, 

namely:— 

“81. Every registering officer appointed under this Act, and every person employed in his office for 
the  purposes  of  this  Act,  who,  being  charged  with  the  checking,  endorsing,  reading,  examining, 
copying, translating, comparing, pasting a true copy, pasting a copy of the translation or registering of 
any document presented or deposited under its provisions checks, endorses, reads, examines,  copies, 
translates, compares, pastes a true copy, pastes a copy of the translation or registers such document in a 
manner which he knows or believes to be incorrect intending thereby to cause or knowing it to be likely 
that he may thereby cause injury as defined in the Indian Penal Code, to any person, shall be punishable 
with imprisonment for a term which may extend to seven years, or with fine, or with both.” 
[Vide Tripura Act 7 of 1982, s. 14] 

82.  Penalty  for  making  false  statements,  delivering  false  copies  or  translations,  false 

personation, and abetment.—Whoever— 

(a)  intentionally  makes  any  false  statement,  whether  on  oath  or  not,  and  whether  it  has  been 
recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under 
this Act; or 

(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, 

a false copy or translation of a document, or a false copy of a map or plan; or 

(c) falsely personates another, and in such assumed character presents any document, or makes 
any admission or statement, or causes any summons or commission to be issued, or does any other act 
in any proceeding or enquiry under this Act; or 

(d) abets anything made punishable by this Act, 

shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with 
both. 

46 

 
Karnataka 

STATE AMENDMENT 

Amendment  of  section  82.--In  clause  (b)  of  section  82  of  the  principal  Act,  the  following  the 
words  and  figures  "under  section  19  or  section  21",  the  words  "under  this  Act  or  the  rules  made 
thereunder" shall be substituted. 

[Vide Karnataka Act 55 of 1976, s. 18] 

Insertion of new section 82A,-- After section 82 of the principal Act, the following section shall be 

inserted namely:-- 

"82A. Penalty in respect of deed writers.-Whoever contravenes the provisions of section 80B or 
any  term  or  condition  of  a  licence  granted  under  rules  made  under  section  69,  shall  be  punishable 
with imprisonment which may extend to one month or with fine which may extend to two hundred 
rupees or with both"] 

[Vide Karnataka Act 55 of 1976, s. 19] 

Kerala 

Amendment of section 82.-In clause (b) of section 82 of the principal Act, for the words and figures 

“section 19 or section 21”, the words “this Act or the rules made thereunder” shall be substituted. 

[Vide kerala Act 7 of 1968, s. 16] 

Orissa 

Amendment  of  section  82.—  In  the  principal  Act,  in  clause  (b)  of  section  82,  for  the  words  and 
figures “section 19 or section 21”, the words “ this Act or the rules under thereunder” shall be substituted. 

[Vide Orissa Act 14 of 1989, s. 14] 

Tripura 

Amendment of Section 82.-For sub-section (b) of section 82 of the principal Act, the following 

shall be substituted, namely:— 

“(b) intentionally delivers to a registering Officer, in any proceeding under this Act or the rules 

made thereunder, a false copy or translation of a document, or a false copy of a map or plan; or” 

[Vide Tripura Act 7 of 1982, s. 15] 

83.  Registering  officers  may  commence  prosecutions.—(1)  A  prosecution  for  any  offence  under 
this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or 
with the permission of the Inspector-General, 1*** the Registrar or the Sub-Registrar, in whose territories, 
district or sub-district, as the case may be, the offence has been committed. 

(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not 

less than those of a Magistrate of the second class. 

STATE AMENDMENT 

Kerala 

Insertion  of  new  sections  83A  and  83B.—After  section  83  of  the  principal  Act,  the  following 

sections shall be inserted, namely:— 

"83A. Cancellation of registered documents in certain cases.—(1) If on enquiry by an officer in 
the  Registration  Department  not  below  the  rank  of  the  deputy  Inspector  General  of  Registration,  it  is 
found that some one has falsely personated another, and in such assumed character presented, admitted 
the  execution  and  got  registered  any  document  by  a  registering  officer  and  the  existence  of  such  a 

1. The words "the Branch Inspector-General of Sindh" omitted by the A.O. 1937. 

47 

 
                                                           
document  is  detrimental  to  the  interest  of  another  person,  the  same  shall  be  cancelled  by  the  Inspector 
General of Registration on application made to him in such form as may be prescribed. 

(2)  If  on  an  enquiry  conducted  by  the  District  Collector  suo  motu  or  on  the  basis  of  a  complaint 
received by him, it is found that any Government land or land owned by a public sector undertaking, has 
been transferred on the strength of a document which is got registered without following the procedure 
prescribed  in  sub-section  (3)  of  section  71,  the  District  Collector  may  make  recommendation  to  the 
Inspector General of Registration to cancel the registration of such document. 

(3)  On  receipt  of  such  recommendation  from  the  District  Collector,  the  Inspector  General  of 
Registration  shall  have  the  authority  to  cancel  the  registration  of  such  document  after  following  such 
procedure as may be prescribed. 

83B. Appeal to Government from orders of the Inspector General of Registration.—Any person 
aggrieved by an order of the Inspector General of Registration under section 83A, may prefer an appeal 
before  the  Government  within  thirty  days  from  the  date  of  receipt  of  such  order,  and  the  Government 
shall pass an order confirming, modifying or cancelling the order of the Inspector General of Registration 
as they deem fit.". 

[Vide Kerala Act 31 of 2013, s. 4] 

84.  Registering  officers  to  be  deemed  public  servants.—(1)  Every  registering  officer  appointed 
under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 
1860). 

(2)  Every  person  shall  be  legally  bound  to  furnish  information  to  such  registering  officer  when 

required by him to do so. 

(3)  In  section  228 of  the  Indian  Penal  Code  (45  of  1860),  the  words  “judicial  proceeding”  shall  be 

deemed to include any proceeding under this Act. 

PART XV 

MISCELLANEOUS 

85.  Destruction  of  unclaimed  documents.—Documents  (other than  wills)  remaining  unclaimed in 

any registration office for a period exceeding two years may be destroyed. 

86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No 
registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or 
refused in his official capacity. 

87. Nothing so done invalidated by defect in appointment or procedure.—Nothing done in good 
faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid 
merely by reason of any defect in his appointment or procedure. 

Orissa 

STATE AMENDMENT 

Insertion of new section 87-A (Act 16 of 1908).— After section 87 of the Indian Registration Act, 
1908  (16  of  1908)  (hereinafter  referred  to  as  the  principal  Act),  the  following  new  section  shall  be 
inserted, namely:-- 

“87-A.  Delegation  of  powers.—The  State  Government  may,  by  order,  delegate  all  or  any  of  the 
powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the 
same subject to such restrictions and conditions as the State Government  may impose and they  may in 
like manner withdraw any power so delegated.” 

[Vide Orissa Act 7 of 1964, s. 2] 

48 

 
1[88.  Registration  of  documents  executed  by  Government  officers  or  certain  public 

functionaries.—(1) Notwithstanding anything contained in this Act, it shall not be necessary for,— 

(a) any officer of Government, or 

(b) any Administrator-General, Official Trustee or Official Assignee, or 

(c) the Sheriff, Receiver or Registrar of a High Court, or 

(d) the holder for the time being of such other public office as may be specified in a notification 

in the Official Gazette issued in that behalf by the State Government, 

to appear in person or by agent at any registration office in any proceeding connected with the registration 
of  any  instrument  executed  by  him  or  in  his  favour,  in  his  official  capacity,  or  to  sign  as  provided  in 
section 58. 

(2) Any instrument executed by or in favour of an officer of Government or any other person referred 
to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made 
under section 69. 

(3)  The  registering  officer  to  whom  any  instrument  is  presented  for  registration  under  this  section 
may,  if  he  thinks  fit,  refer  to  any  Secretary  to  Government  or  to  such  officer  of  Government  or  other 
person  referred  to  in  sub-section  (1)  for  information  respecting  the  same  and,  on  being  satisfied  of  the 
execution thereof, shall register the instrument.] 

89. Copies of certain orders, certificates and instruments to be sent to registering officers and 
filed.—(1)  Every  officer  granting  a  loan  under  the  Land  Improvement  Loans  Act,  1883  (19  of  1883), 
shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the 
whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, 
and such registering officer shall file the copy in his Book No. 1. 

(2)  Every  Court  granting  a  certificate  of  sale  of  immovable  property  under  the  Code  of  Civil 
Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local 
limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate 
is situate, and such officer shall file the copy in his Book No. 1. 

(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a 
copy  of  any  instrument  whereby  immovable  property  is  mortgaged  for  the  purpose  of  securing  the 
repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting 
the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction 
the whole or any part of the property so mortgaged is situate, and such registering officer shall file the 
copy or copies as the case may be, in his Book No. 1. 

(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold 
by public auction shall send a copy of the certificate to the registering officer within the local limits  of 
whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such 
officer shall file the copy in his Book No. 1. 

STATE AMENDMENT 

Karnataka 

Insertion of new section 89A.—After section 89 of the principal Act, the following section shall 

be inserted namely:- 

“89A. Power to make rules for filing of  copies of documents.--(1) The State Government may 
make rules for all purposes connected with the filing of true copies of documents in the appropriate 
books under this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for— 

1. Subs. by Act 39 of 1948, s. 5, for section 88. 

49 

 
                                                           
      (a)  the furnishing of true copies  of documents by the person presenting the documents for 

registration; 

(b) the manner in which true copies of documents shall be prepared; and 

(c) the manner of filing of such copies. 

(3) All rules made under this section shall be published in the Official Gazette, and unless they 
are expressed to come into force on a particular day, shall come into force on the day on which they 
are so published. 

(4) Every rule made under this section shall be laid as soon as may be after it is made, before each 
House of  the State Legislature  while it is in session for a total period of thirty days which may be 
comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the 
session in which it is so laid or the session immediately following, both Houses agree in making any 
modification    in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall 
thereafter have effect only in such modified form or be of no effect,  as the case may be; so  however, 
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously done under that rule." 

[Vide Karnataka Act 55 of 1976, s. 20] 

Kerala 

Amendment of section 89.-In section 89 of the principal Act, - 

(a) sub-section (1) and (3) shall be omitted. 

(b) after sub-section (4), the following sub-sections shall be inserted, namely:- 

“(5) Every court passing 

(a) any decree or order creating, declaring, transferring, limiting or extinguishing and right, title 

or interest to or in immovable property in favour of or of any person, or  

(b)  an  order  for  the  attachment  of  immovable  property  or  of  the  release  of  any  immovable 

property from attachment, 

Shall send a copy of such decree or order together with a memorandum describing the property, as far as 
may be practicable in the manner required by section 21, to the registering officer within the local limits 
of whose jurisdiction the whole or any part of the immovable property comprised in such  decree or order 
is situate, and such officer shall file  the copy and memorandum in his Book No. 1. 

(6)  Every  officer  issuing  a  written  demand  before  the  attachment  of  the  immovable  property  of  a 

defaulter under the Revenue Recovery Act of the time being in force shall- 

(a) send a copy of such written demand together with a memorandum describing the property, as 

far as may be practicable in the manner required by section 21; and   

(b)  where  such  written  demand  is  withdrawn  or  attachment  of  the  property  is  lifted  or  the 
property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the 
property, as far as may be practicable in the manner required by section 21, 

to  the  registering  officer  within  the  local  limits  of  whose  jurisdiction  the  whole  or  any  party  of  the 
immovable property to which the written demand relates is situate and such registering officer shall fiel 
the copy of the written demand and the memoranda I his Book No. 1.” 

[Vide Kerala Act 7 of 1968, s. 17] 

Insertion of new section 89A.-After section 89 of the principal Act, the following section shall be 

inserted, namely:- 

50 

 
“89A. Power to make rules for filing of true copies of documents.--(1) The State Government 
may  make  rules  for  all  purposes  connected  with  the  filing  of  true  copies  of  documents  in  the 
appropriate books under this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for— 

(a) the manner in which true copies of documents shall be prepared; and 

(b) the manner of filing such copies. 

(3)  All  rules  made  under this  section shall  be  published in the  Official  Gazette  and  unless they  are 
expressed to come into force on a particular day, shall come into force on the day on which they are so 
published. 

(4)  Every  rule  made  under  this  section  shall  be  laid as  soon  as  may  be  after  it  is  made,  before  the 
Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in 
one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or 
the  session  immediately  following,  the  Legislative  Assembly  makes  any  modification  in  the  rule  or 
decides that rule should not be made, the rule thereafter have effect only in such modified form or be of 
no  effect  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that rule." 

[Vide kerala Act 7 of 1968, s. 18] 

Orissa  

Insertion of  new  section 89A  (Act  16 of  1908).—After  section  89  of  the  Indian  Registration  Act, 

1908 (16 of 1908), the following new section shall be inserted, namely:— 

“89-A. Duty of Collector in proceedings under section 47-A of the Indian Stamps Act, 1899 
(2 of 1899).--(1) It shall be the duty of the Collector, if he is satisfied during the proceedings, if any, 
under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) that the fees for registration paid under 
this  Act  in  respect  of  a  document  is  in  deficit,  to  determine  in  the  course  of  such  proceedings  the 
deficient amount of fees and to send a copy of the order made in the proceedings to  the registering 
officer for recovery of the said amount from the person liable to pay the   deficient amount of stamp 
duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of 
land revenue. 

(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the 
Collector under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to 
the decision in appeal, if any, under sub-section (3) of the said section. 

[Vide Orissa Act 17 of 1966, s. 2] 

Orissa  

Insertion of new section 89.— In the principal Act, after section 89-A, the following section shall  

be inserted, namely:— 

“89-B.  Power  of  State  Government  to  make  rules.-(1)  The  State  Government  may,  by 
notification in the official Gazette, make rules for all purposes connected with the filing of true copies 
of documents in the appropriate books under this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may 

provide for,— 

51 

 
(a)  the  furnishing  of  true  copies  of  documents  by  the  person  presenting  the  documents  for 

registration; 

(b)  the  furnishing  of  true  copies  of  documents  by  the  person  presenting  the  documents  for 

registration; 

(c) the manner of filing such copies.”. 

[Vide Orissa Act 14 of 1989, s. 15] 

Orissa 

Amendment of section 89-A.--In Section 89-A of the principal Act, in Sub-section (1), for the  words 
"and to send a copy of the order made in the proceedings to the registering officer for the recovery of the 
said amount", the words "and to recover the said amount of fees along with the deficient amount of stamp 
duty" shall be substituted. 

[Vide Orissa Act 8 of 2002, s. 8] 

Uttarakhand 

Amendment of section 89.—Sub-section (1), (2), (3) and (4) of section 89 of the Principal Act shall 

be substituted as follows; namely:- 

“(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (XIX of 1883) 
shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the 
whole, or any part of the land to  be improved, or the land to be granted as collated security, is situate, 
and  such  registering  officer  shall  take  a  similar  action  on  it  as  taken  on  a  document  admitted  to 
registration under sub-section (1) of section 61. 

(2)  Every  Court  granting  a  certificate  of  sale  of  immovable  property  under  the  Code  of  Civil 
Procedure, 1908 (V of 1908), shall send a copy of such certificate to the registering officer within the 
local  limits  of  whose  jurisdiction  the  whole  or  any  part  of  the  immoveable  property,  comprised  in 
such  certificate, is  situate and  such  officer  shall  take  a  similar action on it as taken  on  a  document 
admitted to registration under sub-section (1) of section 61. 

(3)  Every  officer  granting  a  loan  under  the  Agriculturists  Loans  Act,  1884  (XII  of  1884)  shall 
send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing 
the repayment of the loan and if any such property is mortgaged for the same purpose, in the order 
granting  the  loan,  a  copy,  also  the  order,  to  the  registering  officer  within  the  local  limits  of  whose 
jurisdiction,  the  whole  or any  part  of the  property  mortgaged  is situate  and  such  registering  officer 
shall take a similar action on it as taken on a document admitted to registration under sub-section (1) 
of section 61. 

(4) Every Revenue Officer granting a certificate of sale to the purchase of immovable property, 
sold by public auction, shall send a copy of the certificate to the registering officer, within the local 
limits  of  whose  jurisdiction,  the  whole  or  any  part  of  the  property  comprised  in  the  certificate  is 
situate  and  such  officer  shall  take  a  similar  action  on  it  as  taken  on  a  document  admitted  to 
registration under sub-section (1) of section 61.” 

[Vide Uttarakhand Act 24 of 2019, s. 24] 

Rajasthan 

Amendment  of  section  89,  Central  Act  XVI  of  1908.-In  section  89  of  the  principal  Act,  after  sub-
section (4), the following sub-section shall be added, namely:- 

"(5) Every Bank granting a loan to an agriculturist for agricultural purposes, shall send within such time 
and  in  such  manner  as  may  be  prescribed,  a  copy  of  any  instrument  whereby  immovable  property  is 
mortgaged for the purpose of securing repayment of the loan, to the registering officer within the local 
limits  of  whose  jurisdiction  the  whole  or  any  part  of  the  property  so  mortgaged  is  situate,  and  such 
registering officer shall file the copy in his Book No. 1. 

52 

 
Explanation.- F or the purpose of sub-section (5),- 

(a) the expression ''every bank" shall mean- 

(i)  a banking company as defined in the Banking Regulation Act, 1949; 

(ii)  the State Bank of India constituted under the State Bank of India Act, 1955; 

(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 

(iv) a  corresponding  new  bank  constituted  under  the  Banking  Companies  (Acquisition  and 

Transfer of Undertaking) Act, 1970; 

(y)  a banking institution notified by the Central Government under section 51 of the Banking 

Regulation Act, 1949; 

(vi) the  Agricultural  Refinance  Corporation  constituted  under  the  Agricultural  Re-finance 

Corporation Act, 1963; 

(vii) 

(viii) 

Agro-Industries Corporation ; 

Agricultural  Finance  Corporation  Ltd.;  a      company      incorporated    under  the 

Companies Act, 1956;   and 

(ix) any other financial institution notified by the State government  in the Official Gazette as 

a bank for the purpose of  this Act. 

(b) the word "agriculturist" shall have the meaning assigned to it in sub-section ( 3) of section 5 

of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). 

[Vide Rajasthan Act 16 of 1976, s. 5] 

Gujarat 
Insertion of new sections 89A, 89B, 89C and 89D in XVI of 1908.— In the principal Act, after section 89, the 
following sections shall be inserted, namely:- 

“89A.  Copies of court  decrees,  attachment  orders,  etc.,  to  be  sent to  Registering  Officers   and   filed  in 

registers.—Every court passing,-- 

(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in 

immovable property in favour of any person, or 

(b)  an  order  to  interim  attachment  or  attachment  of  immovable  property  or  for  the  release  of  any 

immovable property from such attachment shall, in accordance with the rules made in this behalf,  

shall send a copy of such decree or order together with a memorandum describing the property as far as may 
be  practicable,  in  the  manner  required  by  section  21,  to  the  Registering  Officer  within  the  local  limits  of 
whose  jurisdiction the whole or any part of the immovable property    comprised  in  such  decree  or  order,  is 
situated, and such officer shall file the copy of the memorandum in his Book No 1: 

Provided that,  where the immovable property is situated  within the local limits of the jurisdiction of 
more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section shall be 
followed in respect of the property within the jurisdiction of each of such officer. 

(2)  Every  officer  issuing  a  certificate  of  sale  or  a  written  demand  before  the  attachment  of  the 
immovable  property  of  a  defaulter  under  the  provisions  of  any  law  relating  to  Revenue  Recovery for the 
time being in force including the Revenue Recovery Act, 1890, shall,- 

(a)  send  a  copy  of  such  certificate  of  sale  or  written  demand  together  with  a  memorandum 

describing the property, as far as may be practicable, in the manner required by section  21; 

(b) where such  written demand is withdrawn or attachment of property is lifted or the property 
sold and sale is confirmed, send a memorandum indicating that fact and describing that  property, as 
far  as  may  be  practicable,  in  the  manner  required  section  21,  to  the  Registering Officer  within  the 
local  limits  of  whose  jurisdiction  the  whole  or  any  part  of  the  immovable  property  to  which  the 
written  demand  is  situate,  and  such  registering  officer  shall  file  a  copy  of  the  written  demand  and 
memorandum in his Book No 1: 

53 

 
Provided that, where the immovable property is situate within the local limits of the jurisdiction of 
more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section shall be 
followed in respect of the property within the jurisdiction of each of such officers. 

“89B.  Notice  to  be  sent  to  Registering  Officers  by  mortgag  or  in  case  of  mortgage  by 
depositing  title deeds  and provisions  for compensation in favour of subsequent transferee.—
(l) Every person  who has  mortgaged immovable property by way of mortgage by depositing title deeds 
under clause (f) of section 58 of the Transfer of Property Act, 1882 (4 of 1882) shall, within 30 days from 
the date of mortgaged, file a notice of intimation of his having so mortgaged the property giving details 
of his name and address, name and address of mortgagee, date of mortgage, amount received under the 
mortgage,  rate  of  interest  payable,  list  of  documents  deposited,  and  description  of  the  immovable 
property in the manner required by section 21, to the registering officer within the local limits of whose 
jurisdiction the whole or any part of the property is situated, and the said officer shall file the same in his 
cook No  1: 

Provided that if the property so mortgaged falls within the jurisdiction of more than one registering 
officer,  the  procedure  specified  in  this  sub-section  shall  be followed  in  respect  of  property  within  the 
jurisdiction of each of sum officers. 

(2) If, the person who has mortgaged the property as aforesaid  fails to file a notice within 30 days as 
referred to in sub-section (1) before the registering officer or officers, as the case  may be and enters into 
any  transaction  in  relation  to  of  affecting  the  immovable  property  which  is  subject  matter  of  the 
mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any 
amount  paid  by  him  together  with  interest  at  twelve  per  cent.  from  the date  of  payment  and  also  to 
compensation for any damages suffered by him, from the transferor. 

(3) The amount recoverable by such transferee as specified in sub-section (2) shall be a charge on the 

interest of the mortgagor, in the mortgaged property: 

Provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage 

by deposit of title deeds which  are duly registered under  the  provisions of this Act. 

89C.  Punishment  for  failure  to  file  notice  under  section  89B.—Any person  who fails to file a 
notice under section 89B to the registering officer along with fees, within the period specified in 
that section, shall be punished with imprisonment  for  a  term  which  shall  not  be  less  than  one 
years but which may be for a term which may be extend up to three years and shall also be liable to  fine. 

89D. Power to make rules for filing  of true copies of documents notices referred in sections 89A and 
89B.-—(1) The State Government in any, by notification in the Official Gazette, make rules for carrying 
out the purposes of section 89A and section  8 9B. 

(2)  In particular  and  without  prejudice  to the generality  of the  foregoing  powers,  such  rules  may 

provide for,- 

(a) the manner in which notices or the copies  of documents shall be prepared, and 

 (b) the manner of filing of the notices or true copies.   

(3)  All  rules  made  under  this  section  shall,  be  laid  for  not  less  than  thirty  days  before  the  State 
Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature 
or to such modifications as the Strife Legislature may make, during the session in which they are so laid or the 
session immediately following. 

(4) Any rescission or modification so made by the State Legislature shall be published in the  Official  

Gazette and shall thereupon take effect. 

[Vide Gujarat Act 4 of 2020, s. 7] 

Exemption from Act 

90. Exemption of certain documents executed by or in u of Government.—(1) Nothing contained 
in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8 
of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time required, the 
registration of any of the following documents or maps, namely:— 

(a)  documents  issued,  received  or  attested  by  any  officer  engaged  in  making  a  settlement  or 

revision or settlement of land-revenue, and which form part of the records of such settlement; or 

54 

 
(b)  documents  and  maps  issued,  received  or  authenticated  by  any  officer  engaged  on  behalf  of 
Government in making or revising the survey of any land, and which form part of the record of such 
survey; or 

(c)  documents  which,  under  any  law  for  the  time  being  in  force,  are  filed  periodically  in  any 

revenue office by patwaris or other officers charged with the preparation of village records; or 

(d)  sanads,  inam,  title-deeds  and  other  documents  purporting  to  be  or  to  evidence  grants  or 

assignments by Government of land or of any interest in land; or 

(e)notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879 (Bomb. 
5  of  1879),  or  relinquishment  of  occupancy  by  occupants,  or  of  alienated  land  by  holders  of  such 
land. 

(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have 

been and to be registered in accordance with the provisions of this Act. 

91.  Inspection  and  copies  of  such  documents.—1[(1)]  Subject  to  such  rules  and  the  previous 
payment of such fees as the 2[3[State Government], by notification in the Official Gazette, prescribes in 
this  behalf],  all  documents  and  maps  mentioned  in  section  90,  clauses  (a),  (b),  (c),  and  (e),  and  all 
registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying 
to  inspect  the  same,  and,  subject  as  aforesaid,  copies  of  such documents shall  be  given  to  all  persons 
applying for such copies. 

4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it 

is made, before the State Legislature.] 

Tripura 

STATE AMENDMENT 

Insertion  of  new  section  91A.-After  section  91  of  the  principal  Act,  the  following  new  section 

shall be inserted, namely:- 

91-A.  (1)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  make  rules  for  all 
purposes connected with the pasting of true copies of documents in the appropriate Books under this 
Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a)  the  furnishing  of  true  copies  of  documents  by  the  person  presenting  the  document  for 

registration; 

(b)  the manner in which true copies of documents shall be prepared; 

(c)  the  manner  in  which  the  true  copies  of  documents  shall  be  compared  with  the  original 

documents after the same are admitted to registration ; and 

(d)  the manner of pasting such copies. 

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the 
Legislative Assembly of Tripura, while it is in session for a total period of not less than fourteen days 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry 
of the session in which it is so laid or the successive sessions in which it is so laid or the successive 
sessions aforesaid,  the  Legislative  Assembly  agrees  in  making  any  modification  in  the  rule  or  the 
Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be or no effect, as the case may be; so, however, that any such modification or 

1. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule. 
2. Subs. by the A.O. 1950, for “Provincial Government”. 
3. Subs., ibid., for “State Government prescribes in this behalf”. 
4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984). 

55 

 
                                                           
annulment shall be without prejudice to the validity of anything previously done under that rule. 

[Vide Tripura Act 7 of 1982, s. 16]. 

92.  [Burmese  registration-rules  confirmed]  Rep.  by  the  Government  of  India  (Adaptation  of  Indian 

Laws) Order, 1937. 

93. [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule. 

56 

 
 
 
THE SCHEDULE. [Repeal of Enactments].Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the 

Schedule. 

________ 

57 

 
 
